Buying, Accepting Or Possessing Drugs Or Stimulants For Use Or Using Drugs Or Stimulants
ARTICLE 191 –
(1) A person who buys, accepts or possesses drugs or stimulants for use or who uses drugs or stimulants shall be sentenced to imprisonment from two to five years. (ASLİYE CEZA MAHK.)
(2) In the investigation initiated due to this offense, it is decided to postpone the opening of the public case for five years without seeking the conditions in Article 171 of the Criminal Procedure Law No. 5271 dated 4/12/2004. In this case, the public prosecutor shall warn the suspect about the consequences that may arise for him/her if he/she fails to comply with the obligations imposed on him/her or violates the prohibitions during the postponement period.
(3) During the postponement period, a probation measure shall be applied to the suspect for at least one year. This period may be extended by the decision of the public prosecutor for a maximum of one more year in three-month periods. The person against whom a probation measure is imposed may be subjected to treatment during the probation period if deemed necessary.
(4) During the postponement period;
a) Persistence in not complying with the obligations imposed on him/her or the requirements of the treatment,
b) Buying, accepting or possessing drugs or stimulants for reuse,
c) Use of drugs or stimulants,
in that case, a public prosecution shall be initiated against him/her.
(5) During the period of postponement, if the person again purchases, accepts or possesses drugs or stimulants for use or uses drugs or stimulants, this shall be considered as a violation pursuant to the fourth paragraph and shall not be subject to a separate investigation and prosecution.
(6) In the investigations opened with the allegation that the offense defined in the first paragraph has been committed again after the opening of the public case pursuant to the fourth paragraph, the decision to postpone the opening of the public case pursuant to the second paragraph cannot be made.
(7) If the suspect does not violate the obligations and prohibitions specified in the fourth paragraph during the period of postponement, a decision of non-prosecution shall be made.
(8) This Law
a) Manufacture and trafficking in drugs or stimulants as defined in Article 188,
b) Facilitating the use of drugs or stimulants as defined in Article 190,
during the prosecution phase for the offense, if it is understood that the offense falls exclusively within the scope of this article, a decision to defer the announcement of the verdict shall be made for the defendant within the framework of the provisions of this article.
(9) In cases where there is no contrary provision in this Article, the provisions of Article 171 of the Code of Criminal Procedure on the postponement of the opening of the public case or Article 231 of the Code of Criminal Procedure on the deferral of the announcement of the verdict shall apply.
(AMENDED ARTICLE RGT: 04.04.2015 RG NO: 29316 LAW NO: 6638/12)
(10) The penalty to be imposed shall be increased by half if the acts in the first paragraph are committed in public or public places within a distance of less than two hundred meters from buildings and facilities where people gather for treatment, education, military and social purposes such as schools, dormitories, hospitals, barracks or places of worship and their boundaries, if any, determined by perimeter walls, wire fences or similar obstacles or signs.
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