What is the crime of drug use?
The crime of drug use is a crime regulated under Article 191 of the Turkish Penal Code and is committed due to the use of illegal drugs or stimulants by individuals. This crime is a serious violation of law that threatens public health and causes physical and psychological harm to individuals.
The use of drugs not only harms the individual, but can also increase crime rates in society and negatively affect public order. For this reason, the Turkish legal system regulates the use and possession of drugs with severe sanctions.
Legal Basis of the Offense of Drug Use
According to Article 191 of the Turkish Penal Code, persons who use, possess or accept drugs or stimulants are subject to certain criminal sanctions. However, since drug use is not considered to directly harm others, but rather to be directed at the individual, the law includes provisions to combat addiction rather than punishment.
People who commit the offense of drug use are offered options such as treatment and probation, and measures are taken to solve the problem of addiction during the punishment process.
Penalties for the Crime of Drug Use
According to the Turkish Penal Code, the following penalties apply to persons who commit the offense of using or possessing drugs:
- 1 to 2 years imprisonment: Applied when a person is caught using or possessing drugs.
- Probation and treatment: First-time offenders may be offered probation and addiction treatment options instead of serving a sentence.
- Increased penalty for recidivism: The penalty may be increased if the person uses drugs again despite treatment.
Probation for the Offense of Drug Use
Probation is an alternative method of punishment for people convicted of drug use offenses. This practice aims to ensure that the person is rehabilitated in the community within the framework of certain rules instead of going to prison.
During the probation process, individuals are subject to the following obligations:
- Signing at the probation center at certain intervals
- Participating in drug addiction treatment and rehabilitation programs
- Prove through regular tests that you do not use drugs
People who do not comply with these rules during probation may be sentenced to imprisonment.
Prosecution and Court Process in the Offense of Drug Use
The judicial process for the crime of drug use proceeds as follows:
- Detention and Interrogation: When there is a suspicion of drug use, the person is detained by the police and a statement is taken.
- Prosecution Investigation: The prosecutor assesses the details of the incident and may request a forensic report to determine whether the person has substance abuse.
- Probation Decision: If the person is a first-time offender, the court may decide to impose probation instead of a sentence.
- Court Decision Depending on the person’s criminal history and addiction status, it is decided to impose a penalty or refer the person to a rehabilitation process.
Statute of Limitations for the Crime of Drug Use
There is a certain statute of limitations for filing a lawsuit for drug use offenses. Under Turkish law, the statute of limitations for drug use offenses is set at 8 years. If a lawsuit is not filed within this period, the offense is time-barred and legal proceedings cannot be initiated.
Aggravating Factors in the Crime of Drug Use
There are some factors that increase the penalty for the offense of drug use. The following situations may lead to a harsher sentence:
- Drug use in public places or educational institutions
- Supplying or using drugs together with a minor
- Possession of a large quantity of narcotic drugs
Such aggravating circumstances may cause the penalty to be applied at the upper limit rather than the lower limit.
Measures to be taken against the crime of drug use
In order to prevent the crime of drug use, it is necessary to raise awareness of individuals and society. The following measures can be taken in the fight against drugs:
- Participating in support programs to combat addiction
- Staying away from environments that encourage drug use
- To have knowledge about legal processes
Drug addiction is not only a crime but also a health problem. Therefore, it is of great importance that addicted individuals are directed to treatment and reintegrated into society.
The crime of drug use is a serious offense that harms both the individual’s own health and society. The Turkish Penal Code provides for various criminal sanctions for this offense, and alternative solutions such as rehabilitation and probation are offered to first-time offenders.
Knowing the criminal process and legal rights related to drug use will help individuals to better manage their legal proceedings. If you are facing legal proceedings for a drug use offense, it is important to seek the support of a lawyer.
