Drug Manufacturing and Trafficking Offense

Article 188 of the Turkish Penal Code (TPC) addresses offenses related to drug manufacturing and trafficking. The first paragraph outlines the offense as "manufacturing, importing, or exporting drugs or psychotropic substances without a license or in violation of a license." The third paragraph specifies offenses such as "selling, offering for sale, giving, transporting, transferring, storing, purchasing, accepting, or possessing drugs or psychotropic substances without a license or in violation of a license."

The subject of the offense under Article 188/7 of the TPC involves "substances used in the production of drugs or psychotropic substances, even if they do not have a drug or psychotropic effect themselves, and whose importation and production require official authorization."

• Article 188/1 prescribes a penalty of 20 to 30 years of imprisonment and a judicial fine of up to 20,000 days.
• Article 188/3 stipulates a penalty of at least 10 years of imprisonment and a judicial fine of up to 20,000 days.
• If the drug is given or sold to a minor, the imprisonment cannot be less than 15 years.
• Article 188/7 prescribes a penalty of at least 8 years of imprisonment and a judicial fine of up to 20,000 days.

Several factors can aggravate the penalties:

• Substances like heroin, cocaine, morphine, and base morphine are considered aggravated forms of the offense (Article 188/4), leading to a 50% increase in the sentence.
• Offenses committed within the framework of terrorist activities are classified as terrorist crimes, resulting in a higher penalty.
• When the offense is committed by at least three people or within the framework of an organized crime group, it is considered an aggravated offense (Article 188/5).
• If committed by healthcare professionals, penalties are increased (Article 188/final).
• Selling or providing drugs to minors also results in aggravated penalties.

The key distinction between drug trafficking and personal use lies in the intent of the offender. Factors such as the amount of the drug, previous convictions, location, and manner of possession help determine intent. If intent cannot be established, the principle of "benefit of the doubt to the defendant" applies, favoring a personal use charge.

• No harm or danger needs to result for punishment; these are considered abstract danger crimes.
• Manufacturing, importing, or exporting drugs are all alternative actions under the same offense.
• Intentional knowledge of the substance's nature is required for conviction.
• If the offense is committed within a crime organization, additional penalties may apply under Article 220 of the TPC.

• Manufacturing involves chemical processing to produce drugs or altering one drug into another.
• Importing refers to bringing drugs into Turkey unlawfully, while exporting is the unauthorized transfer of drugs out of the country.
• Selling means transferring drugs for a fee, while offering for sale is preparing to transfer drugs for profit.
• Possession for use is different from possession for trafficking, focusing on factors such as quantity, form, and intent.

If the offender reports the offense before the authorities are informed, they may qualify for exemption from punishment. If reported after detection, the offender may receive a reduced sentence for repentance.