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The crime of drug or stimulant trafficking occurs when the trade of these substances is illegal with or without a license, and this crime is regulated in Article 188 of the Turkish Penal Code.
In Article 188 of the TCK, which regulates the crime of drug or stimulant trafficking, it is defined as selling drugs or stimulants within the country without a license or in violation of the license, offering them for sale, giving to others, sending, transporting, storing, purchasing, accepting and keeping them for commercial purposes. The person who participates in the realization of the acts listed without establishing joint dominance with the perpetrator is held responsible as a helper in the drug trade, otherwise as a joint perpetrator.
HELPING WITH DRUG TRADING CRIME
The cases in which a person will be held responsible as a helper for a crime committed are listed in Article 39 of the Turkish Penal Code. These cases are;
- To encourage committing a crime or to strengthen the decision to commit a crime or to promise to help after the crime has been committed,
- To provide guidance on how to commit the crime or to provide the tools used in committing the act,
- It is to facilitate the execution of the crime by helping before or during the commission of the crime.
For the crime of aiding the drug trade, mediating the supply of drugs by bringing the buyer and seller together, making a lookout, and monitoring the route where drugs are transported can be given as examples.
HOW MANY YEARS OF PENALTY WILL BE CAUGHT OR TRADING DRUGS?
The punishment of the perpetrator, who is held responsible as a helper, is reduced in accordance with Article 39 of the TCK. Fifteen years to twenty years, if the offense requires aggravated life imprisonment; if it requires life imprisonment, a prison sentence of ten to fifteen years is imposed. In other cases, half of the penalty is reduced. However, the penalty to be imposed in this case cannot exceed eight years.
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