LIMITS OF PERSONAL USE OF THE DRUG IN THE LIGHT OF SUPREME COURT DECISIONS
As it is known, in drug crimes committed, the determination of whether the act is for use or for trafficking and the determination of the true accomplice of the accused is carried out, taking into account the amount of the substance seized by the judicial authorities, while determining the amount of the substance seized by the judicial authorities.
In this article, we tried to determine the limits of personal use according to the amount of drugs seized by various Supreme Court offices and the Criminal General Assembly of the Supreme Court. In the light of the Supreme Court decisions we have examined, we have tried to create a picture of this.
Nota: Due to the recent prevalence of methanfetamine use, the relevant amount was not clear, but the assessment was made in the light of some decisions made by the Court of Justice. However, in its agreement dated 26/10/2020, the Forensic Medicine Authority has made a decision that no assessment can be made in terms of daily, monthly or annual use limits for substances that are prohibited for use;
T.C.
MINISTRY OF JUSTICE
Department of Forensic Medicine
Number: 40968900-101.01.02-2020/88087-334326/10/2020
Konu: AdliTıp Mütalaası
1) Methamphetamine is included in the scope of Article 188 of the Turkish Penal Code No. 5237 in accordance with Article 19 of the Law on the Crime of Narcotic Substances No. 2313, according to the Decision of the Council of Ministers, dated 05/08/1982, No. 8-5190, published in the Official Gazette No. 17803, dated 05/09/1982. of stimulating substances,
2) that an assessment of the quantity of daily, monthly or annual use of a substance prohibited from the purchase, sale, manufacture, import, export, possession, transport or use of a substance cannot be made, The effect of the substance on the person and the duration of the expiration of this effect varies depending on the amount of substance taken and the individual characteristics It is agreed by unanimity.
Therefore, when making a decision, the courts do not make a unanimous decision, but consider the circumstances of the case in full and make a decision.
Note: Although there are no clear decisions on the amount of bonzai matter, the Supreme Court decided that 0.20 gr. (200 milligrams) of bonzai substance is available for consumption (single consumption). He assessed the amount below this as a trace element (residue) and assessed it at the time that he could not go on the path of punishment.
“Jurisprudence Text”
Court: Heavy Penalty Court
Crime: Trafficking in drugs
Verdict: Conviction
IT WAS CONSIDERED AND CONSIDERED AS FOLLOWS:
In contrast to the defendant's defense that he took 101 tablets containing MDMA and 5-MEO-MİPT seized in the search of his home to use, there is no conclusive evidence, and the fact that the fixed act constitutes the crime of “possession of drugs for use” instead of the crime of “trafficking in drugs”,
It was decided unanimously on 01/03/2016 on 01/03/2016 to write to the relevant Public Prosecutor's Office on 01/03/2016, since the appeal of the defendant's defense was in place, contrary to the law, since the defendant's appeal was in place.
Summary of the decision of the Supreme Court;
EVALUATION AND ACCEPTANCE OF EVIDENCE:
In the public case filed in the public case filed for arrest under article 188/3 of the accused passengers of the minibus with license plates M2629, which was stopped during routine practice on the day of the incident, when they were checked for suspicious movements, allegedly committed a drug trafficking offense under article 188/3 of the TCK;
In addition to the fact that the defense of the use expressed by the defendant, who admitted that he was caught with ecstasy from the drugs that he received for the purpose of using before arrest, as well as the essence of the defense of the use expressed by the defendant, who admitted that he was caught with ecstasy from one of the stages... The offense of the accused being caught with a substance that is limited to the use of ecstasy only type of ecstasy as a result of routine practice without any notice related to the person. the following government, which justifies the acceptance that his caste is directed towards trafficking, in accordance with article 191 of the TCK, by relying on the defense of the accused, who is entitled to the ordinary course of life, in contrast to the absence of objective conclusive and convincing evidence free of pretense and suspicion, but in accordance with article 191/8 of the CMK The system was established.
In drug crimes, which we tried to briefly discuss above, we have tried to establish limits of use. Usually, in cases where more drugs appear on the offender at the police and prosecutor's office stage, unfortunately, they result in arrest on the part of the perpetrator. 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.
Related articles
· Supreme Court decision on the amount of substances in drug trafficking or use