Subject to a green or red prescription, found on the perpetrators of drug trafficking offenses; Lexomil, Teriak, Bromazepan, Tavor, Tramadol, Adiolol, Valium, Stilnox, Xanax, Zolpiden, etc. In practice, we often see people being referred for arrest on drug trafficking charges due to the fact that the active ingredient of pills is not known at the first time. When criminal investigations are carried out on drugs and if the active ingredients of drugs are known, a clearer defense can be made about the incident under investigation. First of all, after becoming aware of the contents of the seized substances according to the criminal results, a defense method will be developed for this, and with this it will be important whether an arrest decision will be made against the suspect, since the crime will change in intent. Even if the arrest decision has been made, the possibility of changing the nature of the crime will be assessed according to the criminal consequences that come later, when the arrest is appealed, it will be a case of release.
Indeed, judging by the amount of pills seized by law enforcement at the beginning of the investigation phase, unfortunately, many suspects are arrested on the grounds of drug trafficking without regard to the actual fact of the suspect.
Substances alleged to be narcotic substances seized in absolute form during the trial must be reported from the relevant specialized agencies of the forensic institutions. According to the text of the law,
TCK Item188- (6) The provisions of the above paragraphs shall also apply in respect of all substances whose production is subject to the permission of the official authorities or the sale of which is subject to a prescription issued by the competent medical authority and which has the effect of narcotic or stimulant substances. (Additional sentence: 29/6/2005 — 5377/22 d.)
However, the penalty to be given can be reduced by half.
Therefore, in the case of drug trafficking prosecutions, first of all, as stated in paragraph 6 of Article 188 of the TCK No. 5237;
1) “The effect of drugs and stimulants” obtaining a report from the 5th Specialized Board of the Forensic Medicine Agency on whether there is a substance,
2) Inquire from the General Directorate of Medicines and Pharmaceuticals of the Ministry of Health whether its production is subject to the permission of the official authorities or its sale depends on the prescription issued by the competent doctor,
According to the result of the actions regulated in article 188/6 of the TCK “not to trade in a substance that has the effect of a drug or stimulant substance” It is necessary to determine the legal status of the accused by discussing whether it constitutes a crime.
Due to the fact that the substances mentioned above are green prescription or red prescription drugs, a doctor's permission is required and must be consumed according to the prescription of the doctor and indicated daily, weekly or even monthly amounts. For this reason, it is necessary to obtain a report from the Specialized Agency of Forensic Medicine and a detailed report stating the limits of use according to the nature of the seized product. Because although the limits of use of the drugs in question may be excessive, this situation should not be confused with the limits of the crime of possession of drugs in order to use it. Otherwise, victimizations arise that can lead to arrest.
- 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