Crime of Procuring Drugs (Serving, Giving to Others, Providing) in the Light of the Supreme Court Decision
One of the drug trafficking offenses regulated in Article 188 of the Turkish Criminal Code is the act of supplying, supplying, supplying drugs to another person. A nobody the supply of drugs or stimulants contained in him or obtained in any form to another person without the purpose of sale and without charge of any price or charge. The key point in the crime of supplying drugs, giving them to someone else, is that the perpetrator transfers the drug substance to others, except for the purpose of selling or making it available for sale. So here the perpetrator's goal is not trade. For example, the fact that he offers and brings a friend for free will also constitute a crime of supply. However, it does not matter for what purpose the person taking the drug takes it. The act of supplying drugs and stimulants to a person who will use them for their own personal need constitutes the crime defined in the law as “giving the drug to another”.
Criteria for the crime of giving (supplying, supplying) the drug substance to another person;
· There is no trading purpose, no profit purpose.
· Shared for use free of charge,
· Serving and providing to others
· It must have been transferred independently. (this criterion is determined by the case law of the Supreme Court and must have transferred the drug to someone else. For example, if they drink the drug they brought together, there will be a crime of possession of drugs to use together. However, if he gives the drug in question to someone else without commercial purpose and moves away from there, there will be a crime of drug trafficking due to the fact of supply, since it will be transferred here separately.)
· Finally, it does not matter what the person receiving the drug does (that is, whether he sells it or uses it)
The penalty to be imposed on the person who gave the drug substance to others; who supplies (supplies) drugs or stimulants to another person,”not less than ten years“imprisonment and”Judicial fine from a thousand days to 'twenty thousand days' punished with.
As appropriate, we would like to state our personal opinion on this matter; although sharing or giving to others without the purpose of drug trafficking, i.e. without any profit, sharing or giving to those present with them without the purpose of making a profit, sharing or giving to those present with them is considered to be within the scope of the actual crime of drug trafficking. and is contrary to its justification.
It is likely that in practice, in order to prevent the trafficking of drugs or stimulants, the trafficking of drugs or stimulants is also interpreted broadly because of the lack of search for the trafficking of drugs or stimulants in TCK m.188/3 and, most importantly, because of the existence of what we might call practitioners or “likely” users, and the crime of trafficking in drugs or stimulants is widely interpreted, It is argued that this interpretation complies with the wording of the Law.
Finally, before proceeding to the decisions of the Supreme Court In its last case-law, the Supreme Court has made a decision of a precedent nature in terms of persons who acted within the framework of the act of acting in the framework of the act of procuring drugs or co-using drugs. Below I will share the drug substance in the Supreme Court decision “not to be transferred separately” Based on the circumstances, he decided that the crime of drug trafficking would not occur.
10th Criminal Division of the Supreme Court 2020/5492 E. 2020/6042 K.
“Text of the Case Law”
IT WAS CONSIDERED AND CONSIDERED AS FOLLOWS:
According to the occurrence and contents of the file, he was brought to Karabük Education and Research Hospital in a semi-unconscious state on the date of the crime and entitled wield to opiate The defendants on trial for drug possession... and the defendant who came home afterwards while they were in the house belonging to... wield brought for the purpose drugs In the event that they drank together by making buckets and other defendants out of appeal... and... were admitted to the hospital, an amount assured by the defendant's steady action drugs In the house belonging to... with other defendants wield that it is and that it brings with it opiate in the event that the ownership or exploitation of the substance is not transferred separately to other defendants, the defendant's action wield to opiate constituting the offence of possession of the substance and about the defendant also “to use to opiate taking into account the decision to return the disclosure of the sentence for the crime of possession of articles”, the decision on the conviction of the accused in writing instead of acquittal,
Since the appellate objections of the accused deputy were found to be unlawful, therefore, on 21.10.2020, the ANNULMENT of the sentence was unanimously decided on 21.10.2020.
The 10th Criminal Chamber of the Supreme Court of the Supreme Court dated 11.10.2013, 2012/13522 E. and 2013/8959 K.
In its decision of the 10th Criminal Chamber of the Supreme Court dated 11.10.2013, “Establishing a conviction on the defendant for the crime of 'drug trafficking' instead of 'possession of drugs for use' without regard to the fact that there is a friendship relationship between the defendant and the client, that the defendant smoked the marijuana cigarette he brought with him on the day of the incident and that there was no intention to provide the same cigarette together “ justification for disruption is made
In the decision of the 9th Criminal Chamber of the Supreme Court dated 22.06.2016, 2015/6733 E. and 2016/7261 K.
“Cannabis subject to a crime supplied by a defendant who has performed his military service on the date of a criminal offence is prosecuted for possession of drugs for use... and... drinking together with... constitutes a crime of possession of drugs for use” and its legal status must be considered as a crime without prejudice to the determination and discretion of the legal situation accordingly. the establishment of a judgment in writing.” ruled that the decision on drug trafficking was overturned on the grounds.
20th Criminal Chamber of the Supreme Court - Decision: 2015/299
It is alleged that the defendant attempted to introduce into the prison the narcotic substance in the shoe he brought to his wife when he arrived to visit his wife in prison, provided for in article 188/3 of the TCK, if the act is fixed”Procurement (supply) of drugs” and, in accordance with the rules of intellectual intoxication provided for in the second sentence of the first paragraph of Article 297 of the TCK, which constitute the offences of “introducing prohibited articles into the execution institution” as defined in paragraph 1 of Article 297 of the TCK, punishable by Article 188/3 of the TCK, which gives rise to more serious consequences than those two offences and is punishable by Article 188/3 of the same Law that the penalty should be increased according to article 297/1 and regulated in article 188/3 of the TCK The crime of supplying drugs (giving to someone else) It is unlawful for the Court of Justice to establish a judgment under Article 297/1 of the TCK without prejudice to which the discussion and qualification of the relevant evidence is the duty of the Serious Criminal Court).
In the crimes of drug trafficking, which we tried to briefly consider above, the acts of supplying and giving to someone else have been tried to be revealed. The crime of procuring trafficking in narcotics, giving to someone else, is a felony offense, and the penalties imposed are extremely high. Therefore, we recommend that you work with an experienced criminal lawyer. Otherwise, if you do not give your defense correctly, you can suffer serious casualties. In recent times, drug crimes are one of the most common types of crime in our country. Therefore, it is important that the lawyer you are going to work with is experienced in drug crimes. The task of the criminal lawyer you will work with is to ensure that the perpetrator is tried without arrest and must represent the perpetrator well before the court. The criminal lawyer must pay extreme attention to the nature of the crime when defending. Otherwise, there may be consequences against the person to whom he undertakes to defend.
- Supreme Court decision on the amount of substances in drug trafficking or use
- Limits of Personal Use of Drug Substance in Light of Supreme Court Rulings