Drug Crimes Under Turkish Law

In this blog post, we will examine drug-related crimes under Turkish criminal law, including the specific offenses regulated in the Turkish Penal Code (TPC), the penalties imposed, distinctions between use, possession, trafficking, and production, and the legal procedures applied in such cases. Understanding the legal framework is crucial for both Turkish citizens and foreign nationals who might be subject to these laws while in Türkiye.

I. Legal Framework and Relevant Articles

Drug crimes in Türkiye are primarily regulated by Articles 188 to 191 of the Turkish Penal Code (Law No. 5237), along with several provisions under the Anti-Smuggling Law and the Law on the Control of Narcotic Drugs No. 2313. The criminalization and penalization of drug-related offenses are severe, aiming to combat the spread of narcotics and psychotropic substances.

• Article 188: Production and trafficking of drugs or psychotropic substances.

• Article 190: Facilitation of use.

• Article 191: Purchase, possession, or use for personal consumption.

II. Possession and Personal Use (Article 191)

Possessing drugs for personal use is considered a crime under Article 191 of the TPC. However, the law distinguishes between personal consumption and intent to distribute.

Criminal Consequences

• The punishment is imprisonment from 2 to 5 years.

• Instead of immediate incarceration, courts may postpone the prosecution and order rehabilitation or supervision measures for up to 5 years.

Rehabilitation Option

If the accused complies with the court-imposed conditions and abstains from drug use during the monitoring period, the charges can be dropped. Failure to comply can result in the continuation of prosecution.

III. Drug Trafficking and Production (Article 188)

The production, import, export, sale, or transportation of drugs is categorized as a major felony under Article 188.

Penalties

• 10 to 20 years of imprisonment for basic offenses.

• 15 to 30 years if the crime involves commercial purposes.

• Heavier penalties are imposed if the act involves international smuggling, organized crime, or occurs near schools, dormitories, or military areas.

Aggravated Cases

• If the offense is committed by a criminal organization or gang, penalties may be further increased.

• Use of minors or involving minors in drug crimes also escalates the sentence.

IV. Facilitating Drug Use (Article 190)

This offense covers actions such as enabling others to use drugs, providing places, or giving instructions for drug consumption.

Sanctions

• 5 to 10 years imprisonment.

• If committed in schools or institutions, the minimum penalty increases significantly.

V. Investigation and Prosecution Procedure

Drug-related offenses are considered public crimes, meaning authorities are required to initiate proceedings regardless of whether a complaint is filed.

Arrest and Detention

Police can detain suspects based on strong suspicion and material evidence. Immediate search and seizure procedures are often applied with judicial authorization.

Prosecutor's Role

• The prosecutor evaluates the evidence and determines whether to file an indictment.

• During the investigation phase, suspects may be placed under judicial control or arrested.

Trial at the Criminal Court

• Offenses under Article 191 may be handled by the Criminal Court of First Instance (Asliye Ceza Mahkemesi).

• Trafficking and more severe offenses under Article 188 are tried at the High Criminal Court (Ağır Ceza Mahkemesi).

VI. Forensic Reports and Evidence

Toxicology tests, seized substances, and forensic reports from the Council of Forensic Medicine (Adli Tıp Kurumu) play a crucial role in determining the type and quantity of drugs, which directly influence the charges.

• Even small quantities can result in trafficking charges if there is intent to sell.

• Hidden compartments, packaging materials, scales, or large sums of money are considered signs of trafficking.

VII. Drug Crimes Committed by Foreign Nationals

Foreigners accused of drug-related crimes in Türkiye face the same legal process as citizens but may also encounter:

• Travel bans during investigation or trial.

• Deportation upon conviction or completion of sentence.

• Consular notifications, unless waived by the suspect.

VIII. Impact of Prior Convictions

Repeat offenders face harsher penalties, especially if they were previously convicted of a drug offense. Prior criminal records may also influence the court's decision on arrest, detention, and sentencing.

IX. Statute of Limitations

According to Article 66 of the TPC:

• 15 years for crimes punishable by imprisonment of 5 to 20 years.

• 20 years for crimes punishable by more than 20 years.

The limitation period is interrupted upon the filing of an indictment, with possible extensions based on legal interruptions.

X. Appeals and Legal Remedies

Convicted individuals may appeal the decision before the regional appellate court and, if necessary, the Court of Cassation (Yargıtay).

• Appeals must be filed within 7 days of the written decision.

• Review focuses on procedural compliance, interpretation of law, and factual findings.

XI. Importance of Legal Representation

Drug charges carry heavy penalties and procedural complexity. Legal defense requires meticulous review of the indictment, police reports, witness statements, and forensic evidence.

At Bayraktar Attorneys, we:

• Provide representation from the investigation phase to final appeals.

• Challenge unlawfully obtained evidence.

• Offer multilingual support to foreign clients.

• Assist with consular communication and deportation defense.

XII. Conclusion

Drug crimes are among the most serious offenses under Turkish criminal law. Whether accused of possession, trafficking, or facilitating use, understanding your rights and securing expert legal counsel is essential. At Bayraktar Attorneys, we are committed to providing robust legal support to protect your freedom and ensure a fair trial.