The offence of drug trafficking and its penalty is regulated in Article 188 of the Turkish Penal Code. The offence of manufacturing and trafficking in narcotic or stimulant substances, also known as the offence of selling drugs among the people, is an elective offence committed by manufacturing, importing, exporting, selling within the country, offering for sale, giving to others (supplying), shipping, transporting, storing or purchasing and accepting for the purpose of trade of narcotic or stimulant substances. (Article 188 of the TPC)
In the investigation and prosecution phase of the offence of drug trafficking, no action can be taken without the appointment of a lawyer in accordance with CMK 150. If there is a strong criminal suspicion that this offence has been committed, there may be grounds for arrest. For this reason, people who are prosecuted for drug trafficking are recommended to work with a specialist criminal lawyer.
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Importation is the illegal importation of drugs from a foreign country (without a licence or in violation of a licence) into Turkey.
Exportation is the illegal removal of narcotic substances from Turkey to abroad. The concepts of export and import mean the importation or exportation of narcotic substances for commercial purposes.
Sale means the transfer of a narcotic or stimulant substance to another person for a price.
Offering for sale is the preparation of a narcotic or stimulant substance to be transferred to another person for a price.
Giving to others is the creation of the opportunity for third parties to dispose of the narcotic or stimulant substance without the qualification of sale.
Dispatching is the taking of a narcotic or stimulant substance, which is owned or possessed by a person, from one place to another by means of another person for a purpose other than use. The difference from transport is that the substance is sent (e.g. by cargo), not taken personally.
Transport refers to the transport of a narcotic or stimulant substance from one place to another. Although the transport need not be carried out for a fee; in any case, the perpetrator must know that he is transporting drugs.
Storage refers to the keeping of the drug or stimulant substance in any place, but if the substance is stored or kept for personal use, the offence under Article 191, not the offence under Article 188/3, comes into question.
Purchase means the acquisition of a narcotic or stimulant substance from another person for a price.
Acceptance means obtaining the opportunity to dispose of the drug or stimulant substance.
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Possession, on the other hand, refers to the continuation of the de facto sovereignty relationship over the drug or stimulant substance. The ownership of the possession does not have to belong to the possessor perpetrator, and it is not important to whom the place of possession belongs. Possession is also mentioned if the perpetrator keeps the goods in a place where he has the opportunity to dispose of them at any time. In the event that the possession is stored or kept for personal use, not the offence under Article 188/3 of the TPC, but the possession under Article 191 of the TPC comes into question.
In the offence of drug trafficking, the fact that the perpetrator does not know that the subject of the offence is a narcotic or stimulant substance is a typical mistake and therefore eliminates the intention. It is accepted in practice that monoacetyl morphine (6-MAM), which is a mixture of morphine and heroin and is a derivative of morphine, is also within the scope of the qualified case. With the drug offences regulated in Article 188 of the TPC, penalties and frequently wondered issues such as effective remorse;
TCK 188/1
188/2
188/3
188/4
188/5
188/6
188/7
188/8
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