What is drug use or possession offense? What are the penalties?
In this article, we aim to provide basic information in a brief and understandable manner about the crime of using or possessing drug or stimulant substances. This crime is regulated under Article 191 of the Turkish Criminal Code and aims to protect public health. In this context, the most frequently asked questions in practice, such as what the crime of drug use or possession is, under what circumstances it occurs, its elements, its penalty, and the trial process, are addressed.
What is the drug use or possession offense?
Drug use or possession offense is when a person purchases, accepts, possesses, or uses drugs or stimulants for personal use. This crime is regulated within the scope of TPC art. 191.
In which situations does the drug use or possession offense occur?
The drug use or possession offense particularly occurs in the following situations:
-
Possessing drugs for personal use purpose
* Using drugs or stimulants * Purchasing or accepting for use purpose
However, if there is a purpose of sale, distribution, or trade, the nature of the crime and the court it is subject to changes.
What are the elements of the drug use or possession offense?
For this crime to occur:
-
Presence of the drug substance
* Acting with the purpose of use * The perpetrator's intent must exist
is required.
Who can commit the drug use or possession offense and who can be the victim?
The drug use or possession offense can be committed by anyone. There is no victim in the classical sense in this crime; the crime is considered committed against the public.
What is the penalty for the drug use or possession offense?
The penalty for this crime is regulated as 2 years to 5 years of imprisonment (TPC art. 191). However, treatment and probation measures are at the forefront in practice.
What are the qualified forms of the drug use or possession offense?
The main distinction for this crime is between the purpose of use and the purpose of trade. If the purpose of trade is determined, much heavier penalties are applied (TPC art. 188).
Is the drug use or possession offense subject to a complaint? Is mediation possible
in the drug use or possession offense?
This crime is not subject to a complaint. It is not within the scope of mediation either.
How does the investigation and prosecution process progress in the crime of drug use
or
possession?
In the drug use or possession offense, the process progresses differently from other crimes:
- The public prosecutor’s office starts an investigation. 1. The probation measure is applied to the suspect. 1. A treatment process is started if necessary. 1. If the suspect complies with the obligations, the case is not filed or dropped. 1. If the obligations are not complied with, a criminal case is filed.
How long does a lawsuit take in the crime of drug use or possession?
The process is generally completed between 1 year and 3 years. The probation period can affect this process.
The information on this page is prepared for general awareness purposes. Since every concrete
case has different characteristics in terms of criminal law, legal evaluation may vary according
to the characteristics of the event. It is important to obtain legal support suitable for your
concrete situation in order not to experience loss of rights within the scope of the crime of
drug use or possession and to ensure that the process is carried out correctly.FREQUENTLY ASKED QUESTIONS ABOUT DRUG USE AND POSSESSION
The information on this page is prepared for general information purposes. The criminal law process may vary depending on the characteristics of each concrete case. In order to avoid loss of rights in the criminal law process and to ensure the process is conducted correctly, it is important to obtain legal support suitable for your concrete situation.