Ümraniye Criminal Lawyer - Offence of Manufacturing and Trafficking Narcotic or Stimulant Substances

Ümraniye Criminal Lawyer - Offence of Manufacturing and Trafficking Narcotic or Stimulant Substances The offence of manufacturing and trafficking narcotic or stimulant substances is one of the offences regulated under Article 188 of the Turkish Penal Code and subject to severe sanctions. The provision does not cover only the sale of narcotic or stimulant substances; it also encompasses various acts such as manufacturing, importing or exporting such substances without a licence or contrary to a licence, as well as offering them for sale within the country, giving them to another person, dispatching, transporting, storing, purchasing, accepting or possessing them. Correctly determining the nature of the act committed is of great importance in narcotic or stimulant substance offences. In particular, possession of a narcotic substance for personal use and possession for trafficking purposes may lead to the assessment of different types of offences. The circumstances of the particular case, the purpose for which the substance is possessed and the acts carried out are important for this distinction. The provided source also addresses purchasing, possessing and acquiring for profit under Article 188 of the Turkish Penal Code, while stating that the situation should be assessed separately where the offender is merely a user. Therefore, in legal assessments made within the scope of an Ümraniye criminal lawyer, Istanbul criminal lawyer, serious crimes lawyer, drug trafficking lawyer, Article 188 TPC lawyer or drug offences lawyer, the alternative act through which the offence was committed, the nature of the narcotic or stimulant substance, the purpose of the act and the existence of circumstances increasing or reducing the penalty should be examined together. What Is the Offence of Manufacturing and Trafficking Narcotic or Stimulant Substances? The offence of manufacturing and trafficking narcotic or stimulant substances is regulated through different acts under Article 188 of the Turkish Penal Code. The first paragraph of the Article penalises the following acts concerning narcotic or stimulant substances when carried out without a licence or contrary to a licence: manufacturing, importing, exporting. The third paragraph regulates the following acts concerning narcotic or stimulant substances when carried out within the country without a licence or contrary to a licence: selling, offering for sale, giving to others, dispatching, transporting, storing, purchasing, accepting, possessing. Therefore, the offence of drug trafficking is not limited solely to the sale of narcotic substances in exchange for money. What Does Manufacturing a Narcotic or Stimulant Substance Mean? Manufacturing means producing a narcotic or stimulant substance. The provided source states that production must have been completed for the manufacturing act to be completed and that, where production has not been completed, the act may remain at the attempt stage. The processes through which the narcotic or stimulant substance was obtained and whether the activity legally constitutes “manufacturing” must be assessed according to the circumstances of the particular case. What Is the Offence of Importing Narcotic Substances? Bringing a narcotic or stimulant substance into Türkiye without a licence or contrary to a licence is one of the acts regulated under Article 188 of the Turkish Penal Code. The source states that bringing a substance into the country means physically importing a narcotic or stimulant substance brought from abroad into Türkiye. It is not necessary for the substance to pass through a customs gate; its physical entry into the country is important. Where the substance has not yet entered the country, the provisions concerning attempt may become applicable. What Is the Offence of Exporting Narcotic Substances? Exporting means taking a narcotic or stimulant substance from Türkiye to another country. Article 188 of the Turkish Penal Code penalises the export of narcotic or stimulant substances without a licence or contrary to a licence. The stage reached by acts carried out for the purpose of taking the narcotic substance out of Türkiye may be important in determining whether the offence has been completed or remained at the attempt stage. What Happens to a Sentence Imposed Abroad for Exporting Narcotic Substances? Article 188/2 of the Turkish Penal Code contains a special provision concerning deduction of sentences. Where the export of a narcotic or stimulant substance from Türkiye constitutes importation in another country and the person has been tried in that country and served part of the sentence, the part served is deducted from the sentence imposed as a result of proceedings conducted in Türkiye for the export. The provided source similarly explains that the sentence imposed and served in the other country is deducted from the sentence to be imposed in Türkiye. What Is the Offence of Selling Narcotic Substances? Selling a narcotic or stimulant substance within the country without a licence or contrary to a licence constitutes an offence under Article 188/3 of the Turkish Penal Code. The act of sale may refer to transferring the narcotic substance to another person in exchange for money or an economic consideration. However, a completed sale is not required in every case for the drug trafficking offence to arise. The law separately regulates different acts such as offering for sale and giving the substance to another person. Is Offering a Narcotic Substance for Sale an Offence? Yes. Offering a narcotic or stimulant substance for sale is expressly regulated as one of the alternative acts under Article 188/3 of the Turkish Penal Code. Therefore, the fact that the narcotic substance has not yet been delivered to the buyer does not by itself mean that an offence under Article 188 cannot arise. Whether the act carried out in the particular case constitutes offering for sale must be assessed separately. Is Giving a Narcotic Substance to Another Person an Offence? Yes. Giving a narcotic or stimulant substance to another person is also among the acts regulated within the scope of drug trafficking. When explaining the acts covered by the third paragraph, the provided source also considers the “transfer without payment” of a narcotic or stimulant substance within this scope. Therefore, it cannot be said that the narcotic substance must necessarily be given in exchange for money. What Does Dispatching a Narcotic Substance Mean? Dispatching refers to acts directed at sending a narcotic or stimulant substance to a particular place. Dispatching is expressly regulated as one of the criminal acts under Article 188/3 of the Turkish Penal Code. The person's control over the narcotic substance, the manner in which the substance was sent and the offender's connection with the act should be assessed in determining the legal characterisation. Is Transporting a Narcotic Substance an Offence? Transporting a narcotic or stimulant substance within the country without a licence or contrary to a licence is regulated as an offence under Article 188 of the Turkish Penal Code. In assessing transportation, moving the narcotic substance from one place to another and the person's connection with this transportation activity are important. However, it would not be correct to automatically consider the legal position of every person transporting a narcotic substance to be identical. The person's knowledge, intention, purpose and manner of participation in the act should be separately assessed in the particular case. Is Storing a Narcotic Substance an Offence? Yes. Storing a narcotic or stimulant substance without a licence or contrary to a licence is also one of the alternative acts under Article 188/3 of the Turkish Penal Code. Storage is connected with keeping narcotic or stimulant substances in a particular place. Factors such as the place where the substance is found, its quantity and the person's control over the substance may be relevant to the particular case. Is Purchasing a Narcotic Substance Covered by Article 188? Article 188/3 of the Turkish Penal Code also regulates the purchase of narcotic or stimulant substances. However, determining the purpose for which the purchase was made is particularly important in narcotic substance offences. The provided source explains that purchasing, possessing and acquiring for profit are assessed under Article 188, while the same acts should be subject to a different legal assessment where the offender is merely a user. Therefore, when assessing the act of purchasing, not only the seizure of the narcotic substance but also the purpose of the act is important. Does Possession of a Narcotic Substance Always Constitute Trafficking? No. One of the most important legal issues concerning possession of narcotic or stimulant substances is determining the purpose for which the substance was possessed. The provided source emphasises possession for profit under Article 188 and states that the situation should be assessed differently where the person is merely a user. Therefore, seizure of a narcotic substance alone does not demonstrate in every case that the offence of drug trafficking has been committed. What Is the Difference Between Possession of Narcotics for Personal Use and Drug Trafficking? Possession of a narcotic or stimulant substance for personal use and possession for commercial purposes are governed by different legal provisions. This distinction is extremely important in terms of criminal liability. When assessing a commercial purpose, all circumstances of the particular case must be examined together. The provided source particularly emphasises the purpose of obtaining profit in relation to purchasing, possessing and acquiring acts under Article 188. Therefore, legal characterisation should be made on the basis of the case as a whole rather than a single fact. Is Article 188 of the Turkish Penal Code an Offence With Alternative Acts? The provided source states that the acts under Article 188/3 of the Turkish Penal Code constitute an offence with alternative acts. Accordingly, where the same offender carries out more than one alternative act within the scope of the same offence, the source explains that those acts are regarded as a single offence. For example, where multiple acts such as transporting, storing and subsequently selling a narcotic substance occur within the same incident, the legal assessment is made by considering the alternative-act structure of the offence. What Is the Penalty for Manufacturing and Trafficking Narcotic or Stimulant Substances? According to the text of Article 188 of the Turkish Penal Code provided in the source, a person who manufactures, imports or exports narcotic or stimulant substances without a licence or contrary to a licence is punished with imprisonment from twenty to thirty years and a judicial fine of up to twenty thousand days. For a person who sells, offers for sale, gives to another person, dispatches, transports, stores, purchases, accepts or possesses narcotic or stimulant substances within the country without a licence or contrary to a licence, the source provides for imprisonment of not less than ten years and a judicial fine of up to twenty thousand days. What Is the Penalty If a Narcotic Substance Is Sold or Given to a Child? The provided text of Article 188/3 states that where the person to whom the narcotic or stimulant substance is given or sold is a child, the imprisonment imposed on the person giving or selling the substance cannot be less than fifteen years. The source explains this as a special provision resulting in a heavier penalty. For Which Narcotic Substances Is the Penalty Increased? The provided source states that under Article 188/4 of the Turkish Penal Code, where the narcotic or stimulant substance is: heroin, cocaine, morphine, synthetic cannabinoids and their derivatives, base morphine, the penalty is increased by half. The source explains this provision as a circumstance requiring heavier punishment. Is the Penalty Increased If Drug Trafficking Is Committed Near a School? The provided source states that under Article 188/4 of the Turkish Penal Code, where the acts in the third paragraph are committed in public or publicly accessible places within two hundred metres of the designated boundaries of buildings and facilities where people collectively gather for treatment, educational, military and social purposes, such as schools, dormitories, hospitals, barracks or places of worship, the penalty is increased by half. The source explains the purpose of this provision by reference to the greater need for protection of the specified places. Is the Penalty Increased If Three or More Persons Commit Drug Trafficking Together? Yes. According to the provided text of Article 188 of the Turkish Penal Code, where the offences specified in the Article are committed jointly by three or more persons, the penalty is increased by half. The source states that the offence must be jointly committed by at least three offenders for this provision to apply. What Is the Penalty If Drug Trafficking Is Committed Within the Activities of a Criminal Organisation? Commission of the offence of manufacturing and trafficking narcotic or stimulant substances within the activities of an organisation established to commit offences is also subject to a heavier sanction. The provided text of Article 188/5 of the Turkish Penal Code states that in such a case the penalty is increased by one fold. The source states that the elements of an organisation under Article 220 of the Turkish Penal Code should be taken into account when assessing the organisation within this provision. Can Prescription-Only Substances Fall Within Article 188? Yes. The provided source states that the provisions of Article 188 of the Turkish Penal Code may also apply to substances whose production is subject to permission from official authorities or whose sale is subject to a prescription issued by an authorised physician and which produce narcotic or stimulant effects. However, the penalty to be imposed may be reduced by up to half in such a case. The source explains that this reduction is within the discretion of the judge. Is Trading Substances Used in the Production of Narcotics an Offence? Substances that do not themselves produce narcotic or stimulant effects but are used in the production of narcotic or stimulant substances and whose import or manufacture is subject to permission from official authorities are also separately regulated under Article 188 of the Turkish Penal Code. Unauthorised: importation into the country, manufacture, sale, purchase, dispatch, transportation, storage, export of these substances is punishable. According to the provided text, these acts are punishable by imprisonment of not less than eight years and a judicial fine of up to twenty thousand days. Is the Penalty Increased If a Healthcare Professional Commits Drug Trafficking? The provided text of Article 188/8 states that where the offence is committed by: a physician, dentist, pharmacist, chemist, veterinarian, health officer, laboratory technician, midwife, nurse, dental technician, caregiver, healthcare provider, a person engaged in chemistry or pharmaceutical trade, the penalty is increased by half. The source additionally emphasises the importance of the occupational groups specified in the provision for the application of this aggravating circumstance. Is the Quantity of the Substance Important in the Drug Trafficking Offence? Legal characterisation in narcotic or stimulant substance offences should not be based solely on the quantity of the substance seized. Particularly where it is necessary to determine whether the narcotic or stimulant substance was possessed for trafficking or personal use, all circumstances of the incident must be assessed. The provided source particularly emphasises the purpose of obtaining profit in this distinction and states that the situation of a person who is merely a user should be assessed differently. Is Intent Important in the Drug Trafficking Offence? The person's conscious and voluntary connection with the act is important in the offence of manufacturing and trafficking narcotic or stimulant substances. For example, where a narcotic substance is found in an object or vehicle, the person's mere connection with that object or vehicle does not necessarily produce the same legal result in every case. Whether the person knew about the narcotic substance, exercised control over it and consciously participated in the act considered within the scope of the offence should be assessed according to the particular circumstances. Is Attempt Possible in the Drug Trafficking Offence? The provided source distinguishes between completion and attempt particularly in relation to manufacturing and importation. According to the source, where production has not been completed in relation to manufacturing or where the narcotic or stimulant substance has not yet entered the country in relation to importation, the act may remain at the attempt stage. Whether the provisions concerning attempt can be applied in a particular case should be assessed according to the alternative act carried out and the stage at which the offence remained. What Evidence Is Relevant in the Drug Trafficking Offence? Different evidence may become relevant in investigations and prosecutions concerning manufacturing and trafficking narcotic or stimulant substances depending on the circumstances of the particular case. Seized narcotic or stimulant substances, forensic examinations, records concerning search and seizure procedures, communication records, camera footage, witness statements, digital materials, financial transactions and other documents connected with the incident may be important in assessing the case. However, whether each item of evidence was obtained lawfully and whether it actually supports the alleged act should be separately assessed. Why Are Search and Seizure Procedures Important? In narcotic substance offences, narcotic or stimulant substances may often be seized as a result of searches carried out in vehicles, residences, workplaces, on a person's body or in other areas. Therefore, the legal basis of search and seizure procedures, the relevant decision or order, the scope of the procedure and the manner in which the evidence was obtained are important from the perspective of criminal procedure. In addition to the discovery of the narcotic substance, assessing whether that evidence was lawfully obtained is also part of criminal proceedings. How Is the Defence Assessed in a Drug Trafficking Case? The scope of the defence in the offence of manufacturing and trafficking narcotic or stimulant substances varies according to the circumstances of each case. It may be examined whether the narcotic substance belonged to the person, whether the person knew about the substance, the purpose of possession, whether the alleged sale or transportation occurred and whether the available evidence supports the accusation. Correct legal characterisation of the offence is particularly important in cases involving the distinction between possession for personal use and possession for trafficking purposes. Is the Drug Trafficking Offence Tried Before the High Criminal Court? Because Article 188 of the Turkish Penal Code provides for severe imprisonment sentences for the offence of manufacturing and trafficking narcotic or stimulant substances, proceedings concerning this offence constitute an important criminal law process within the scope of high criminal court proceedings. The nature of the alleged act, the paragraph of Article 188 sought to be applied and the existence of aggravating circumstances may directly affect the scope of the proceedings. Therefore, detailed assessment of the legal characterisation and evidence from the earliest stage of the investigation is important. Manufacturing and Trafficking Narcotic or Stimulant Substances in Ümraniye In investigations and prosecutions conducted in Ümraniye concerning allegations of manufacturing and trafficking narcotic or stimulant substances, the circumstances of the case must be assessed in detail under Article 188 of the Turkish Penal Code. Manufacturing, importing or exporting narcotic substances and selling, offering for sale, giving, dispatching, transporting, storing, purchasing, accepting or possessing them within the country are assessed through different alternative acts. In addition, the type of narcotic or stimulant substance, the place where the offence was committed, whether the act was carried out jointly or within the activities of an organisation and whether the offender belongs to certain occupational groups may affect the penalty. Therefore, assessments made within the scope of an Ümraniye criminal lawyer, Ümraniye serious crimes lawyer, Istanbul criminal lawyer, drug trafficking lawyer, Article 188 TPC lawyer or drug offences lawyer require all circumstances of the incident to be considered together. Ümraniye Criminal Lawyer Assistance Legal assistance concerning offences of manufacturing and trafficking narcotic or stimulant substances may include reviewing the investigation file, assessing the legal nature of the alleged act, examining the evidence, assessing search and seizure procedures, examining the distinction between possession for personal use and trafficking purposes, identifying circumstances increasing or reducing the penalty and following investigation and prosecution proceedings. Because Article 188 of the Turkish Penal Code contains numerous alternative acts and aggravating circumstances, each case must be assessed according to its own specific circumstances. Conclusion The offence of manufacturing and trafficking narcotic or stimulant substances is a broadly defined offence subject to severe sanctions under Article 188 of the Turkish Penal Code. In addition to manufacturing, importing or exporting narcotic or stimulant substances without a licence or contrary to a licence, selling, offering for sale, giving to another person, dispatching, transporting, storing, purchasing, accepting or possessing such substances within the country are also regulated under the Article. Furthermore, the penalty may become more severe where the narcotic or stimulant substance is one of the specified substances, where the offence is committed in public or publicly accessible places near certain protected locations, where three or more persons act jointly, where the offence is committed within the activities of a criminal organisation or where it is committed by members of certain professions. Therefore, when assessing matters such as drug trafficking offence, Article 188 of the Turkish Penal Code, offence of selling narcotic substances, offence of transporting narcotic substances, possession of narcotic substances, Ümraniye criminal lawyer, Ümraniye serious crimes lawyer and Istanbul criminal lawyer, not only the existence of the seized substance but also the nature and purpose of the alleged act and all circumstances of the particular case should be examined together.