\u2022 According to Turkish Penal Code Article 188\/1, manufacturing, importing or exporting narcotic or stimulant substances without a license or in violation of a license constitutes a crime. Performing one of these optional actions is sufficient to constitute a crime.<\/p>\n
\u2022 According to Article 188\/3 of the Turkish Penal Code, selling, offering for sale, giving to others, shipping, transporting, storing, purchasing and accepting narcotic or stimulant substances within the country without a license or in violation of the license constitutes a crime. Again, in terms of this crime, performing one of the optional actions is sufficient to constitute the crime.<\/p>\n
\u2022 TCK art. 188\/7 Acts of importing, manufacturing, selling, purchasing, shipping, transporting and storing or exporting into the country substances that do not cause narcotic or stimulant effects but are used in the production of narcotic or stimulant substances and whose import or manufacture is subject to the permission of official authorities. is punished. This crime is completed by performing one of the optional actions.<\/p>\n
\u2022 If the subject of the crime is heroin, cocaine, synthetic cannabinoids and derivatives or basemorphine, the penalty is increased (TCK art. 188\/4-a).<\/p>\n
\u2022 The acts in the third paragraph; Processing of buildings and facilities where people gather for treatment, education, military and social purposes, such as schools, dormitories, hospitals, barracks or places of worship, and in public or public places within a distance of less than two hundred meters from their boundaries determined by perimeter walls, wire fences or similar obstacles or signs, if any. , the penalty to be imposed is increased by half (TCK article 188\/4-b).<\/p>\n
\u2022 If the crimes shown in the above paragraphs are committed by three or more people together, the penalty to be imposed is increased by half, and if the crimes are committed within the framework of the activities of an organization formed to commit crimes, the penalty to be imposed is increased by one fold (TCK Article 188\/5).<\/p>\n
\u2022 If the crimes defined in this article are committed by a doctor, dentist, pharmacist, chemist, veterinarian, health officer, laboratory technician, midwife, nurse, dental technician, caregiver, healthcare provider, or person engaged in chemistry or pharmaceutical trade, the penalty to be imposed is half the penalty. is increased (TCK article 188\/8).<\/p>\n
The crime of manufacturing and trading narcotic or stimulant substances is a crime that can be committed intentionally. However, it must be determined for what purpose the perpetrator possessed the narcotic or stimulant. If it is kept for use, the crime of Purchasing, Accepting or Possessing a Narcotic or Stimulating Substance for Use or Using a Narcotic or Stimulant Substance in Turkish Penal Code No. 191 occurs.<\/p>\n
The decision of the Supreme Court of Appeals Criminal General Assembly dated 2011\/10-387 E., 2012\/75 K. 06.03.2012 verbatim stated, “It plays a significant role in determining whether the act of drug possession constitutes the crime of possessing drugs for use or the crime of drug trafficking.” The issue that plays a role is the purpose of possession. As stated in the decision of the General Criminal Assembly dated 15.06.2004 and numbered 107-136, there are some criteria that should be taken into consideration and accepted in doctrine and practice in determining whether the possession of drugs is for the purpose of use.<\/p>\n
The first of these; It is the failure to detect that the perpetrator has engaged in any behavior regarding selling, transferring or supplying the drugs he possesses to someone else. The second criterion is the place and the way it is kept; A person who possesses drugs for personal use always keeps them in a place that is easily accessible, for example, usually at home or at work.<\/p>\n
The fact that the drug is in the form of many carefully prepared small packets, the same amount of drug is placed in each packet as a result of precise weighing, the presence of sensitive scales and packaging materials used in packaging at or near the place where the drug is seized is an important indication that it is kept for a purpose other than use. is a symptom. The third criterion is the amount kept. The amount acceptable for personal use varies depending on the person’s physical and mental structure and the nature, type and quality of the drug or stimulant. ” and listed the necessary criteria for the incident to be evaluated as a sale and stated that if the criteria in question are not met, the crime cannot be considered as drug sales.<\/p>\n
Examples of the crime of aiding drug trafficking include mediating the supply of drugs by bringing the buyer and seller together, acting as a lookout, and monitoring the route where drugs are transported. Ask as a helper","protected":false},"excerpt":{"rendered":"
The subject of the crime regulated in Article 188 of the Turkish Penal Code 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 Turkish Penal Code, but those that have a narcotic effect on the person; […]<\/p>\n","protected":false},"author":12,"featured_media":3646,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_joinchat":[],"footnotes":""},"categories":[1],"tags":[],"class_list":["post-3644","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-makaleler"],"_links":{"self":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/3644","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/users\/12"}],"replies":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/comments?post=3644"}],"version-history":[{"count":1,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/3644\/revisions"}],"predecessor-version":[{"id":5091,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/3644\/revisions\/5091"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/media\/3646"}],"wp:attachment":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/media?parent=3644"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/categories?post=3644"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/tags?post=3644"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}