TCK Article 190 regulates the act of preparing or facilitating the use of drugs as an independent crime: "A person who provides a special place, equipment or material in order to facilitate its use" and "A person who hides the user from official authorities" are punished within the scope of this article.
Material Elements of Crime
- Providing a special place to use drugs (e.g. a "honeymoon home" designation).
- Providing equipment or material for use (pipe, syringe, keg, measuring device, etc.).
- Hiding the user from authorities or kidnapping
- Advertising and propaganda acts with a sub-paragraph that encourages/encourages its use.
Penalties
- Basic penalty: 2 to 5 years imprisonment and judicial fine.
- The penalty is increased if the crime is committed against children or by encouraging their use.
- If space/equipment provision is made through a workplace, administrative fines and workplace closure measures may also be imposed.
Limit to Art.188
A very critical debate is this: "selling or providing?" If the perpetrator transfers the substance to someone else beyond providing a means for use, the act falls within the scope of Art.188/3 offering for sale or giving to someone else and the penalty is doubled. The Supreme Court draws this limit with factors such as the passage of the item from hand to hand, whether payment has been made or not, continuity.
Supreme Court 10th CD — Established Principle
10. In drawing the borders of Articles 188 and 190, CD considers whether the act is directed towards "creating a use environment or transferring a substance"; Proof of receipt of payment, presence of ready-packaged material and testimony of the person in the position of "customer" indicate Article 188, while gatherings for the sole purpose of drinking refer to Article 190.
Practical Advice
The allegation of "procurement" comes to the fore when a used pipe, a small amount of substance, and other smokers are found in the defendant's house. In such cases, the boundary between the defendant's defense of "possession for own use" (art. 191) and "preparing the environment" (m.190) should be well drawn. Criminal defense attorney support is indispensable.