In recent years, encrypted messaging applications, especially Telegram, Instagram stories, Snapchat and dark network markets have been used in drug marketing. Detection and prosecution of these crimes requires special technical infrastructure.
Methods — Anatomy of Practice
- Telegram channels: "Menu" sharing, taking orders.
- Instagram story/post: Advertising with encrypted emoji and code words.
- "Drop" system: The location is sent to the customer; The substance is left in a secret place.
- Crypto payment: Difficulty tracking with Bitcoin, USDT, Monero.
- Darknet markets:Markets via Tor.
Criminal Liability — TCK Article 188/3
Distributing a sales offer via Telegram/social media constitutes the act of "offering for sale" and is punishable under Article 188/3 of the Turkish Penal Code. Also:
- Continuous advertising broadcast → evidence of the "continuity" element of trade
- Number of customers and volume → aggravation in penalty assessment
- Content appealing to children → Art.188/6 increase.
- Organized work with more than one person → art.188/5 organization increase.
Investigation Techniques
Supreme Court 10th CD — Principle
10. In the files where CD, sales advertisements made through social media / messaging applications and actual delivery are detected; In terms of "offering for sale", it seeks the presentation of technical evidence (IP, device, blockchain) by preserving the chain of evidence; It makes evaluations that the screenshot alone may be insufficient.
Critical Points for Defense Counsel
- Is the proof that account ownership belongs to the defendant strong enough?
- Are the screenshots true to the original? Risk of manipulation.
- Whether the undercover investigator exceeded the "provocative incitement" limit.
- Technical proof that the crypto wallets actually belong to the defendant.
- The connection of the substance seized from the "drop" place to the defendant.
"Provocative Provocation" (Entrapment) Limit
The confidential investigator is authorized in accordance with CMK article 139; However, he cannot act in a way that persuades a person who would not commit a crime to commit a crime. Exceeding this limit may lead to rejection of the value of evidence (ECHR Teixeira de Castro/Portugal decision).
Digital drug files are among the most technically complex files. IT and drug lawyer should work together.