Drug trafficking poses a serious threat to the health and safety of society. For this reason, the Turkish Penal Code provides for severe penalties for these crimes. However, there is also the possibility of a reduced sentence in some special cases. In this article, we will examine in detail the situations in which a reduced sentence can be applied for the crime of drug trafficking.
The Institution of Effective Repentance
The most common reason for a reduced sentence in drug trafficking crimes is the institution of effective repentance. This institution, regulated in Article 192 of the TCK, foresees a reduced sentence for certain actions taken by the defendant before or after the official authorities are informed of the crime.
Effective repentance before the official authorities are informed of the crime: If the defendant spontaneously reports the crime after committing it and makes a significant contribution to the discovery of the crime, the sentence may not be given.
Effective remorse after the official authorities are informed that the crime has been committed: If the defendant confesses his/her crime after the crime is discovered and helps to solve the crime, his/her sentence can be reduced from 1/4 to 1/2.
Other Reasons for Sentence Reduction
Apart from effective remorse, other situations that may lead to a sentence reduction in drug trafficking crimes are as follows:
Reflection of the detention period in the verdict: The defendant’s detention period is deducted from the sentence to be given.
The convict’s good behavior: The convict’s behavior in prison may lead to a shortening of his/her sentence.
Participation in social rehabilitation programs: The convict’s participation in social rehabilitation programs may lead to a reduction of his/her sentence by being evaluated by the penal enforcement board.
Who Makes the Sentence Reduction Decision?
The sentence reduction decision is made by the court. The court makes its decision by evaluating all the evidence in the defendant’s file and special circumstances such as effective remorse.
