TCK Article 191 punishes "anyone who buys, accepts or possesses drugs or stimulants for use or uses drugs/stimulants". This provision is a type of crime separate from trafficking, in which drug victimization is considered on the axis of personal health.
Elements of Crime
- The defendant's possession of the substance for use (personal use amount, undivided packaging, etc. are evaluated).
- The substance is on the drug/stimulant list.
- The defendant's will is not to sell, transfer or supply the substance to someone else - otherwise, Article 188 is on the agenda.
Penalties
- Basic penalty: Imprisonment from 2 to 5 years (applied within the upper limit updated with changes in the law).
- Instead of prison sentence, treatment and probation measures may be imposed (Art. 191/2).
- In case of non-compliance with treatment, the case will be reopened and imprisonment will be on the agenda.
Treatment and Probation
Article 191/2 stipulates treatment obligation and supervised release measure instead of imprisonment for the defendant. In this process:
- Treatment process in centers such as AMATEM/ÇEMATEM.
- Regular urine/blood tests, reporting to the probation office.
- The period is usually 1 year and can be extended by the judge
- If completed positively, the prosecution will be dropped; In case of non-compliance, litigation continues.
Art.188 – Art.191 Limit
The 10th CD and the 20th CD draw the distinction between "personal use" and "commerce" with the following criteria: quantity of the substance, packaging method (single piece/dosed), storage location, additional materials seized (scales, bags, rate book), communication records and determination that the defendant is "not addicted".
CGK and 10th CD, instead of accepting "trade" based solely on quantity; It accepts that "concrete additional evidence showing intent to sell" should be sought and that an amount compatible with the user profile may fall within the scope of Article 191.
HAGB and Being Caught for the First Time
In case of being caught for the first time in Article 191 crime, treatment and probation are given priority. In case of positive completion, HAGB (CMK art.231) may be given; With this decision, if the supervision period (5 years) does not show any negative behavior, the record will be written off and the record will be cleared.
Good management of drug use files can ensure that a person's record remains clean. Process management with Drug crimes lawyer is recommended.