What is the Crime of Manufacturing and Trafficking in Drugs or Stimulant Substances?

2022-03-04T22:15:25+00:00 8 November 2021|

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MATERIALS OF MANUFACTURING AND TRADE OF DRUGS OR STIMULANT SUBSTANCES

The subject of the crime regulated in TCK Article 188 is drugs or stimulants. Since the types of these substances are increasing day by day, these narcotic and stimulant substances are not listed one by one in the TCK. It has been accepted that almost every substance that causes addiction is the subject of this crime. The subject of the crime is the articles indicated in the Law No. 3298 on Drugs and in the decisions taken by the Council of Ministers based on the authority given by these laws.

There is no feature sought in terms of the perpetrator of the crime, the perpetrator can be anyone.

Every person forming the society is a victim of crime. The legal value protected by this crime is public health.

Three separate offenses are regulated in TCK Article 188 and these are not elective acts of a single offense, all three constitute separate offenses.

  • In Article 188/1 of the TCK, it is a crime to manufacture, import or export drugs or stimulants without a license or against the license. Performing one of these elective actions is sufficient for the crime to occur.
  • In Article 188/3 of the TCK, the acts of selling, offering for sale, giving to others, shipping, transporting, storing, purchasing and accepting drugs or stimulants within the country without a license or in violation of the license constitute a crime. Again, in terms of this crime, making one of the elective acts is sufficient for the crime to occur.
  • TCK m. Acts of importing, manufacturing, selling, purchasing, shipping, transporting and storing or exporting a substance used in the production of narcotic or stimulant substances, although it does not have a narcotic or stimulant effect in 188/7, the importation or production of which is subject to the permission of the official authorities. punished. This crime is completed by making one of the elective acts.
    Since the execution of the acts in accordance with the license eliminates the typicality, a crime does not occur. The authorization to issue licenses belongs to the Ministry of Health. If the narcotic or stimulant substance is more than the amount specified in the license or if it is a substance other than the permitted substance, violation of the license will occur.

THE REASONS INCREASING THE PENALTY FOR THE MANUFACTURING AND TRADE OF DRUGS OR STIMULANT SUBSTANCES

  • In case the subject of the crime is heroin, cocaine, synthetic cannabinoids and derivatives or basic morphine, the penalty is increased (TCK article 188/4-a).
  • The verbs in the third paragraph; Processing of buildings and facilities such as schools, dormitories, hospitals, barracks or places of worship for treatment, education, military and social purposes, and in public or public places within two hundred meters of their boundaries determined by perimeter walls, wire fences or similar obstacles or signs, if any. , the penalty to be imposed is increased by half (Article 188/4-b of the TCK).
  • In case of committing the crimes shown in the paragraphs above by three or more people together, the penalty to be imposed is half, and if committed within the framework of the activity of an organization formed to commit a crime, the penalty to be imposed is increased by one fold (TCK Article 188/5).
  • If the crimes defined in this article are committed by a doctor, dentist, pharmacist, chemist, veterinarian, health officer, laboratory assistant, nurse, dental technician, nurse, health care provider, person engaged in chemistry or pharmaceutical trade, the penalty to be imposed is increased by half. (TCK art.188/8).

MATERIAL ELEMENT OF MANUFACTURING AND TRADE OF DRUGS OR STIMULANT SUBSTANCES

The crime of manufacturing and trading drugs or stimulants is a crime that can be committed intentionally. Direct intent of the perpetrator is sufficient, and probable intent is not sought. However, it is necessary to determine for what purpose the perpetrator is keeping the narcotic or stimulant substance. If it is in possession for use, the crime of Purchasing, Accepting or Possession of Drugs or Stimulant Substances for Use or Using Drugs or Stimulant Substances in Article 191 of the TCK occurs.

If the perpetrator does not know that the substance he is trading is a narcotic or stimulant substance, his intent is eliminated.

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