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MANUFACTURING AND TRADE OF DRUGS AND STIMULANT SUBSTANCES TCK art.188

Transfer of Drugs and Stimulant Substance

The crime of manufacturing and trading drugs or stimulants is regulated in Article 188 of the Turkish Penal Code. The crime of manufacturing and trading drugs or stimulants is an optional mobile crime, and the transportation of drugs or stimulants is one of these elective actions. Transport; is the taking of drugs from one place to another. This action is also called “drug courier service” in practice.

TRANSPORT OF DRUGS AND Stimulant SUBSTANCE AND PERSON

The person who takes drugs or stimulants from one place to another without the purpose of using them is the perpetrator of this crime. In a 2013 decision of the Criminal General Assembly of the Court of Cassation, “For transfer to occur, the perpetrator must take the drug from one place to another for a purpose other than using drugs. If the perpetrator has taken the drug from one place to another for the purpose of using drugs and the amount of drugs does not exceed the amount required for personal use, the crime of possession of drugs for the purpose of use will occur, not the crime of drug trafficking.

In addition, the person who carries out the transfer action must not be directly related to the crime of drug trafficking, otherwise the act of the person can be considered as selling or offering for sale, which makes it meaningless to regulate the transfer optional act separately in the law.

The perpetrator may carry the drug on himself, in his body cavities or by any means. In the transport selective movement, unlike the referral, the narcotic substance is carried personally by the perpetrator, but there are also opinions in the teaching that this elephant can be carried out by the perpetrator’s men.

There are different views in the doctrine about the narcotic substance and the delivery of the narcotic substance to the buyer in order for the crime of transporting to occur.

IS EARNING REQUIRED FOR A CRIME TO OCCUR?

It is not necessary for the perpetrator to gain from this act for the crime to occur.

The act of transport can be mentioned when the narcotic substance is transported from one place to another within the country.

The penalty for the offense of transporting narcotic or stimulant substances in violation of the license or without a license is imprisonment for not less than ten years and a judicial fine from one thousand days to twenty thousand days. However, if the person who is given or sold drugs or stimulants is a child, the prison sentence to be given to the person who gives or sells cannot be less than fifteen years.

THE REASONS INCREASING THE PENALTY

The fact that drugs or stimulants are heroin, cocaine, morphine, synthetic cannabinoids and derivatives or base morphine, and the buildings and facilities where this crime is held for treatment, education, military and social purposes such as school, dormitory, hospital, barracks or places of worship, and their perimeter wall, wire The penalty to be imposed is increased by half if it is committed in public or public places that are within two hundred meters of the borders determined by braids or similar obstacles or signs.

If this crime is committed by a doctor, dentist, pharmacist, chemist, veterinarian, health officer, laboratory worker, midwife, nurse, dental technician, nurse, health care provider, or a person engaged in chemistry or pharmaceutical trade, the penalty to be imposed is increased by half.

PARTICIPATION IN CRIME

In case of committing the crime of transferring drugs and stimulants together by three or more persons, the penalty to be imposed is increased by half, and in case of committing it within the framework of the activity of an organization formed to commit a crime, the penalty to be imposed is increased by one fold.

CIRCUMSTANCES THAT REDUCE PENALTY

These penalties are also valid for all kinds of substances, the production of which depends on the permission of the official authorities or the sale of which depends on the prescription issued by the authorized physician, and which has the effect of narcotic or stimulant substances. However, in this case, the penalty to be imposed can be reduced to half.

AMOUNT OF PENALTY FOR THE MANUFACTURING AND TRADE OF DRUGS AND STIMULANT SUBSTANCES

A person who transports a substance that is used in the production of narcotic or stimulant substances and whose import or manufacture depends on the permission of the official authorities, although it does not have a narcotic or stimulant effect, is sentenced to imprisonment of not less than eight years and a judicial fine from one thousand days to twenty thousand days.

Stj. Av. Rumeysa Özge Uzkan

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