Drug Trafficking Penalty
Punishment of the Basic Form of the Offence of Manufacturing and Trafficking in Narcotic Drugs or Stimulants
Penalty for the basic form of the offence of drug trafficking under the TPC;
If drugs and stimulants are manufactured, imported or exported without a licence or in violation of the licence, the penalty to be imposed is imprisonment from twenty to thirty years or a judicial fine up to two thousand days (Article 188/1 of the TPC).
In the event that drugs or stimulants are sold, offered for sale, given to others, shipped, transported, stored, purchased, accepted or kept within the country without a licence or in violation of the licence, the person shall be sentenced to imprisonment for a term not less than ten years and a judicial fine from one thousand days to twenty thousand days. However, if the person to whom drugs or stimulants are given or sold is a child, the imprisonment sentence to be imposed on the person who gives or sells shall not be less than fifteen years. (Article 188/3 of the TPC)
The penalty to be imposed for importing, manufacturing, selling, buying, transporting, transporting, storing or exporting a substance which is used in the production of narcotic drugs or stimulants and the import or manufacture of which is subject to the authorisation of the official authorities, although it does not produce narcotic drugs or stimulants, is imprisonment for a term not less than eight years and a judicial fine from one thousand days to twenty thousand days (Article 188/7 of the TPC).
Penalty of the Qualified Forms of the Penalty for the Offence of Drug Trafficking
The penalty for the qualifications of the offence of drug trafficking is regulated in Articles 188/4, 188/5, 188/8 of the Turkish Penal Code. According to the provisions of the regulated law;
If the narcotic or stimulant substances are heroin, cocaine, morphine, synthetic cannabinoid and its derivatives or basmorphine and the acts regulated in the third paragraph are committed in public or public places within a distance of more than two hundred metres from the 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, the punishment to be imposed is increased by half. (Article 188/4 of the TPC)
If the crimes regulated in the provision of the law are committed by three or more persons together, the penalty to be imposed shall be increased by half, and if they are committed within the framework of the activities of an organisation formed to commit a crime, the penalty to be imposed shall be increased by one times. (Article 188/5 of the TPC)
If the offences defined in Article 188 of the TPC are committed by a physician, dentist, pharmacist, chemist, veterinarian, health officer, labourer, midwife, nurse, dental technician, nurse, health care provider, person engaged in chemistry or pharmaceutical trade, the penalty to be imposed is increased by half. (Article 188/8 of the TPC)
Discount Status
In the offence of manufacturing and trafficking in narcotic drugs or stimulants, the provisions set out in Article 188 of the TPC shall apply to any substance whose production is subject to the permission of the official authorities or whose sale is subject to a prescription issued by an authorised physician and which produces the effect of narcotic drugs or stimulants. However, the penalty to be imposed may be reduced by up to half (Article 188/6 of the TPC).
Imposing Security Measures on Legal Entities
If the offence of drug trafficking is committed within the scope of the activities of a legal person, specific security measures shall be applied to the legal person (Article 189 of the TPC).
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