Narcotic Crimes, Drugs and Cordials in Turkish Penal Code

Author: Mr. Gökhan Cindemir , Phd Candidate , Senior Partner Lawyer cindemir@cindemir.av.tr

Narcotic crimes and crimes related cordials are formed under Turkish Penal Code with three provisions by three separate sections. Our article shall touch on narcotic crimes and cordials and those crimes shall be examined three different title.

Under Turkish Penal Code of Article 188,190 and 191, said crimes are described as following with regard to their feature of action: trade of drugs (drug traffic) and cordials products or purchase of these products, possesion of them and acceptance.

In the mentioned three section system, severity of the crime are determined in Turkish Penal Code due to the fact that the crime of drug production and drug trade (drug traffic) differs than purchasing drugs or facilating drug usage. In Turkish legislation, there are other acts which refers to other crimes related to drug and cordials. These acts are law of police power number 2559, Law of Gendarmerie numbered 2803, code of coast guard command numbered 2692, pharmaceuticals and medical preparations law , law of pharmacy and pharmacists, Turkish smugling law numbered 5607, Fight Against Terrorism Act Numbered 3713, Highway Traffic Law numbered 2918, Post Law numbered 5584, law of prevention of money laundering numbered 4208, martial law number 1402, Drug Traffic law2313

The Crime of Drug or Cordial Production or Drug Traffic:

Article 188 of Turkish Penal law states that production of drugs and cordials without any authorization or licence or breach of rules while producing Any person who produces imports or exports addictive or relieving/exciting drugs without license or contrary to the license is punished with imprisonment not less than ten years and also imposes punitive fine up to twenty thousand days.

The executed portion of the punishment imposed at the end of the trial proceeded in a country where the exportation of addictive or relieving drugs is considered as importation of the same in view of other country, is set-off from the punishment to be imposed upon finalization of the trial held in Turkey due to exportation of addictive and relieving drugs

Any person who sells, supplies, delivers, transports, stores, purchases, accepts or carries addictive or relieving/exciting drugs without license or contrary to the license, is punished with imprisonment from five years to fifteen years and also imposed punitive fine up to twenty days.

In case the offense involves heroin, cocaine, morphine or base-morphine, the punishment to be imposed according to above subsections is increased by one half.

In case of commission of offenses listed in above subsections within the frame of activities of an organized group, the punishment to be imposed according to above subsections is increased by one half. The provisions of above subsections are applied in every aspect for all kinds of drugs with relieving or exciting affect, of which the production is subject to permission of the competent authorities and the sale is realized under prescription issued by a physician.

Any person who engages in import, sale, purchase, transport, storage or export of any product of which the import and production is subject to permission of the official authorities with the purpose of using this in production of addictive or relieving/exciting drugs is punished with imprisonment not less than four years and also imposed punitive fine up to twenty thousand days.

In case of commission of the offenses mentioned in this article by a physician, dentist, pharmacist, chemist, veterinary, health personnel, laboratory technician, midwife, nurse, dentistry technician, nurse, health personnel or any other person dealing in chemistry or pharmacy; the punishment to be imposed is increased by one half
Facilitating use of addictive or relieving/exciting drugs

Any person facilitating use of addictive or relieving/exciting drugs by;
a) Providing special place, equipment or material,
b) Taking precautions to avoid arrest of users,
c) Furnishing information to others about the method of use, is punished with imprisonment from two years to five years.

In case of commission of the offenses defined in this article by a physician, dentist, pharmacist, chemist, veterinary, health personnel, laboratory technician, midwife, nurse dentistry technician, or any other person rendering health service or dealing in production and trading of chemicals or in pharmacy, the punishment to be imposed is increased by one half.

Those who openly encourage use of addictive or exciting drugs, or makes publication with this purpose, is punished with imprisonment from two years to five years.

Purchasing, accepting or carrying addictive or exciting drugs for use

Any person who purchases, accepts or carries addictive or relieving/ exciting drugs for use is punished with imprisonment from one year to two years. Any person who grows plants with relieving or exciting affect for his own use is punished according to the provisions of this subsection.

(2) Precautions are imposed for those who use addictive or exciting drugs by forcing them to receive treatment in an institution where all his actions are kept under control (controlled liberty).

(3) A person under treatment or control in a defined institution is obliged to comply with the requirements of the precautions imposed in this institution. A specialist is assigned to guide the person under control in an institution. This specialist explains the harmful affects of the addictive and exciting drugs to the subject person during the implementation period of said precautions.

(4) Precaution seeking control of actions of the addict continues another year as of the termination date of the treatment. The court may adjudicate prolongation of control or observation period. However, this period may not be more than three years.

(5) The punishment imposed on the addict due to purchase, acceptance or carrying of addictive or exciting drugs is executed if failed to act in conformity with the requirements of precautions seeking treatment and control of actions of the addict. If the subject person is allowed to benefit from the provisions relating to sincere repentance, the action filed against him is proceeded and punishment is imposed according to the final judgment

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