WHAT IS THE CRIME OF DRUG TRAFFICKING?
The crime of trafficking in narcotic drugs is regulated as an optional offense that occurs in the presence of any of the acts of “selling, offering for sale, giving to others, shipping, transporting, storing, purchasing, accepting, possessing” narcotic drugs within the country.
Accordingly, the offense will occur if only one of the various actions specified in the law is made to bring about a certain result.
The crime of drug trafficking, also known as drug or stimulant trafficking, is regulated in Article 188 of the Turkish Penal Code.
“(3) Any person who sells, offers for sale, gives, delivers, transports, transports, stores, purchases, accepts or possesses narcotic drugs or stimulants within the country without a license or in violation of the license shall be sentenced to imprisonment of not less than ten years and a judicial fine from one thousand days to twenty thousand days. However, if the person who is given or sold narcotic drugs or stimulants is a child, the prison sentence to be imposed on the person who gives or sells shall not be less than fifteen years.”
WHAT ARE THE CRITERIA FOR DETERMINING THE OFFENSE OF DRUG TRAFFICKING?
The general provisions of the Turkish Penal Code are applied separately for each offense specified under the law. In order to impose a penalty for the relevant offense, the existence of intent to commit this offense must first be revealed. The following issues will be taken into consideration when determining the defendant’s intent. To look at the criteria taken into consideration by the Court of Cassation when determining the existence of drug trafficking;
The amount of narcotic substance seized is not important in the formation of the crimes of possession of narcotic drugs or stimulants for use or supplying narcotic drugs or stimulants for a purpose other than use, or possession of narcotic drugs or stimulants for the purpose of trafficking. In other words, if there is sufficient evidence in the trial file regarding narcotics trafficking, the amount of narcotics seized does not matter.
It should be examined whether the defendant is looking for customers, whether he negotiated narcotic substances with anyone, whether he showed samples and similar behaviors.
The manner of seizure of narcotic substances is important, and the fact that narcotic substances are offered for sale in gram packages will indicate drug trafficking. The large number of packages, the presence of carefully prepared small packages, the presence of the same gram of narcotic substance in each package, the presence of sensitive scales and packaging materials at the place of seizure are important.
The location of the narcotic substance and the duration of its presence are important. A person who uses narcotics for personal use shall always keep them in a place where they are easily accessible.
It should be determined whether the defendant uses narcotics and if it is determined that the defendant uses narcotics, it can be accepted that the defendant possesses narcotics for the purpose of using narcotics.
The social and economic status of the defendant is important. If the defendant does not have the income level to buy the drugs seized with money, it can be accepted that this matter is carried out for trade or procurement purposes.
Whether the amount found is above the annual personal use amount of the person according to the type of drug will affect the decision to be made.
