What is the Crime of Possession of Drugs?
Possession of drugs is a crime regulated in the Turkish Penal Code and refers to the situation where a person possesses drugs without permission. In order for this crime to occur, it is not necessary to have the intention to use the substance. Even just possessing the substance constitutes a crime.
Penalties for the Crime of Possession of Drugs
The penalty for the crime of possession of drugs varies depending on the type and amount of the substance possessed and whether the person has been convicted of this crime before. The sentence is usually between 2 and 5 years in prison. However, in some cases, the sentence may be longer.
How Does the Judicial Process Work?
The judicial process for the crime of possession of drugs generally consists of the following stages:
1. Detention and Arrest: The suspect may be detained if caught red-handed or as a result of an operation. If there is a justified reason, the suspect may be arrested.
2. Investigation: The prosecutor’s office initiates an investigation. The suspect’s statement is taken, evidence is collected and expert examinations are conducted.
3. Filing a lawsuit: If sufficient evidence is obtained at the end of the investigation, a lawsuit is filed by the prosecutor’s office.
4. Court Process: The case is heard in the relevant court. Evidence is evaluated in court, the parties’ defenses are taken and a decision is made.
5. Notification of the Decision and Appeal: The court announces its decision. The decision is notified to the parties. Decisions can be appealed through appeal.
Court Procedure
Drug possession cases are generally heard in the Criminal Court of First Instance. The following stages are experienced in the court process:
• Introduction: The case file is transferred to the court.
• Preparatory Meeting: A meeting is held where the parties are present.
• Necessary Action: Means that the court is ready to make a decision.
• Decision: The court makes its decision according to the evidence collected and the evaluations made.
Right to Defense in the Crime of Possession of Drugs
Like every Turkish citizen, there is a right to defense in the crime of possession of drugs. This right can be exercised through a lawyer or in person.
