WHAT IS DRUG TRAFFICKING OFFENCE?
The offence of trafficking in narcotic drugs is regulated as an elective offence that occurs in the presence of any of the acts of “selling, offering for sale, giving to others, dispatching, transporting, storing, purchasing, accepting, possessing” narcotic drugs within the country.
Accordingly, the offence will occur if only one of the various actions specified in the law, which is used to produce a certain result, is performed.
The offence 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, transfers, transports, stores, purchases, accepts or possesses narcotic drugs or stimulants within the country without a licence or in violation of the licence shall be sentenced to imprisonment for a term not less than ten years and a judicial fine from one thousand days to twenty thousand days. However, if the person to whom narcotic drugs or stimulants are given or sold 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 OFFENCE OF DRUG TRAFFICKING?
The general provisions of the Turkish Penal Code are applied separately for each offence specified under the law. In order for the person to be punished for the relevant offence, the existence of the intention to commit this offence must first be revealed. The following issues will be taken into consideration when determining the defendant’s intention. 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 offences of possession of narcotic or stimulant substance for use or supplying narcotic or stimulant substance for a purpose other than use, or possession of narcotic or stimulant substance for the purpose of trafficking. In other words, if there is sufficient evidence in the judgement file regarding narcotics trafficking, the amount of narcotics seized is not considered.
It should be examined whether the defendant is looking for customers, whether he/she negotiated narcotic substances with anyone, whether he/she showed samples and similar behaviours.
The manner of seizure of narcotic substances is important, and the fact that narcotic substances are offered for sale in gram packs will indicate narcotic drug trafficking. The large number of packages and the presence of carefully prepared small packets, 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 and duration of the narcotic substance are important. A person who uses narcotic substances for personal use shall always keep them in a place where they are easily accessible.
It should be determined whether the defendant uses narcotic substances and if it is determined that the defendant uses narcotic substances, it can be accepted that the defendant possesses narcotic substances for the purpose of using narcotic substances. The social and economic status of the defendant is important. If the defendant does not have the income level to buy the seized drug substance with money, it may be accepted that this matter was 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.
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