Committing a drug crime within the framework of organizational activity both multiplies the punishment under TCK Article 188/5 and brings a separate punishment from TCK Article 220 organizational crime. For this reason, organized drug files are the most severely punished files of criminal justice.
Elements of the Organization (TCK Article 220)
- A gathering of at least three people.
- Hierarchical structure and chain of command.
- Continuity and division of labor.
- Combination (drugs) in a particular type of crime to be committed against the law.
- Suitability: Being suitable for committing the intended crimes in terms of structure, number of members, tools and equipment.
Penalties — Cumulative Effect
- TCK art.220/1: Establishing/managing an organization — 4-8 years (or 2-6 years depending on the level).
- TCK art.220/2: Membership in an organization — 1-3 years (current practice).
- TCK Article 188/5: Within the framework of organizational activities, drug crime is increased by one fold.
- As a result of consultation, the total penalties may reach 30+ years.
Supreme Court CGK and 10th CD — Proof of Organization
CGK and the 10th CD stated that for the acceptance of the "organization", structural continuity, conscious division of labor, hierarchy must be demonstrated with concrete evidence (communication traffic, financial relationship, task sharing, joint operation planning); It consistently states that merely selling or transporting drugs by more than one person cannot be considered an organization.
Effective Regret and Organization
TCK Article 221 is a special effective remorse provision for organizational crimes: ensuring the disbandment of the organization by providing information before its establishment, or providing information by leaving the organization during its activity, may lead to not imposing a penalty or reducing it. This provision has an extremely practical impact for drug organizations.
Critical Points in the Investigation Phase
- Whether the communication detection and interception (CMK art. 135) decisions are taken from the competent court and in accordance with the procedure.
- Limits of the appointment of "secret investigator" (CMK article 139).
- Preservation of the chain of technical surveillance (CMK art. 140) video/audio recordings.
- Financial consultancy report, bank transactions, crypto wallet analysis.
- The flexibility that the catalog crime (CMK article 100/3) advantage gives to the prosecutor's office in terms of arrest.
Organized drug files are driven by piles of cross-evidence; support from a criminal defense attorney experienced in organizational crimes is indispensable.