Üsküdar Criminal Lawyer - Purchasing, Accepting or Possessing Narcotic or Stimulant Substances for Personal Use or Using Narcotic or Stimulant Substances
Purchasing, accepting or possessing narcotic or stimulant substances for personal use or using narcotic or stimulant substances is an offence regulated under Article 191 of the Turkish Penal Code No. 5237. The fundamental feature of the provision is that purchasing, accepting or possessing a narcotic or stimulant substance for the purpose of personal use, as well as directly using a narcotic or stimulant substance, are addressed within the same article.
Under Article 191 of the Turkish Penal Code, a person who purchases, accepts or possesses narcotic or stimulant substances for personal use or uses narcotic or stimulant substances is subject to imprisonment from two to five years. However, the law also establishes mechanisms for postponement of the filing of a public prosecution and probation during the investigation stage for this offence.
Therefore, in assessments made within the scope of an Üsküdar criminal lawyer, Istanbul criminal lawyer, drug use offence lawyer, Article 191 lawyer, drug possession offence or probation, the purpose for which the substance was possessed, the nature of the investigation, the postponement decision, obligations and circumstances constituting a breach should be considered together.
What Is the Offence Under Article 191 of the Turkish Penal Code?
Article 191 of the Turkish Penal Code criminalises:
- purchasing narcotic or stimulant substances for personal use,
- accepting narcotic or stimulant substances for personal use,
- possessing narcotic or stimulant substances for personal use,
- using narcotic or stimulant substances.
It is particularly important that purchasing, accepting or possessing is carried out for the purpose of personal use. As also stated in the source, commission of only one or more of the listed acts within the same incident constitutes a single offence.
What Does Purchasing a Narcotic Substance for Personal Use Mean?
Obtaining a narcotic or stimulant substance in exchange for money for the purpose of personal use is considered purchasing within the scope of Article 191.
The purpose for which the substance is obtained is important in determining the legal nature of the offence. Purchasing a narcotic or stimulant substance for one's own use falls within Article 191, whereas purposes other than personal use may require assessment under different criminal offences.
The source describes purchasing as “obtaining the substance in exchange for money.”
What Does Accepting a Narcotic or Stimulant Substance Mean?
For the act of acceptance, the narcotic or stimulant substance does not necessarily have to be obtained in exchange for money.
Where there is no financial relationship between the parties and a person voluntarily receives the narcotic or stimulant substance, this may be considered acceptance.
However, for the act to fall within Article 191, the purpose of acceptance must be personal use. The source also states that acceptance is based on the parties' consent without a financial relationship.
What Does Possessing a Narcotic or Stimulant Substance for Personal Use Mean?
Possession refers to the narcotic or stimulant substance being under the person's possession or control.
Depending on the circumstances, a substance found on the person, in a bag, vehicle, residence or another place over which the person exercises actual control may be considered possession.
However, one of the determining factors under Article 191 is again the purpose of possession. The source also emphasises that the purpose of purchasing, accepting or possessing the substance must definitely be personal use.
Is Using Narcotic or Stimulant Substances a Criminal Offence?
Yes.
Article 191 regulates not only purchasing, accepting or possessing narcotic or stimulant substances for personal use but also the act of using narcotic or stimulant substances.
The statutory provision provides for imprisonment from two to five years for a person who uses narcotic or stimulant substances.
What Is the Penalty for the Offence Under Article 191?
Under Article 191/1, a person who purchases, accepts or possesses narcotic or stimulant substances for personal use or uses narcotic or stimulant substances is subject to imprisonment from two to five years.
However, an assessment under Article 191 should not be made solely by reference to this penalty. The law establishes a special system concerning postponement of the filing of a public prosecution and probation during the investigation stage.
What Is Postponement of the Filing of a Public Prosecution Under Article 191?
In an investigation initiated under Article 191, a decision is made to postpone the filing of a public prosecution for five years without requiring the conditions specified in Article 171 of the Criminal Procedure Code.
The public prosecutor warns the suspect about the legal consequences that may arise if the suspect fails to comply with the obligations imposed during the postponement period or violates the prohibitions.
The source also explains that, unlike ordinary postponement of the filing of a public prosecution, this special postponement system under Article 191 applies without requiring the conditions in Article 171 of the Criminal Procedure Code.
How Long Is the Postponement Period?
Under Article 191, the postponement period for filing a public prosecution is five years.
During this period, the suspect must comply with the obligations imposed and refrain from the breaches specified by law.
The legal consequence of the postponement process varies depending on the suspect's conduct during this period.
Is Probation Applied Under Article 191?
Yes.
During the postponement period, the suspect is subject to probation for at least one year.
This period may be extended by the public prosecutor for periods of three months, for a maximum additional period of one year.
A person subject to probation may also be required to undergo treatment during the probation period where considered necessary.
How Long Does Probation Last?
The minimum probation period under Article 191 is one year.
The public prosecutor may extend this period in three-month periods. The statutory provision states that the total extension may be no more than one additional year.
Accordingly, the postponement period for filing a public prosecution and the probation period must be distinguished from one another. While the postponement period is five years, the law separately regulates the duration of probation.
Can Treatment Be Ordered During Probation?
Yes.
A person subject to probation under Article 191 may be required to undergo treatment during the probation period where considered necessary.
The source also states that procedures for treatment of substance dependency may be initiated during this process.
What Happens If the Obligations Under Article 191 Are Not Followed?
Where, during the postponement period, the person persists in failing to comply with the obligations imposed or the requirements of the treatment applied, a public prosecution is filed.
The source specifically states that this provision refers not merely to a single act but to conduct amounting to “persistence.”
What Happens If Narcotic Substances Are Used Again During the Postponement Period?
Using narcotic or stimulant substances again during the postponement period constitutes a breach under Article 191/4.
Similarly, a public prosecution is filed where the person again purchases, accepts or possesses narcotic or stimulant substances for personal use.
Is Repeated Drug Use During the Postponement Period Treated as a Separate Offence?
According to Article 191/5 as reproduced in the source, where during the postponement period the person again purchases, accepts or possesses narcotic or stimulant substances for personal use or uses narcotic or stimulant substances, this is treated as a breach under paragraph four and is not made the subject of a separate investigation or prosecution.
The source explanation similarly states that repetition of the same offence during the postponement period will not be subject to a separate investigation and prosecution.
In Which Circumstances Is a Public Prosecution Filed?
Under Article 191, a public prosecution is filed where, during the postponement period, the person:
- persists in failing to comply with the obligations imposed or requirements of treatment,
- again purchases, accepts or possesses narcotic or stimulant substances for personal use,
- uses narcotic or stimulant substances.
What Happens If an Article 191 Offence Is Committed Again After a Public Prosecution Has Been Filed?
After a public prosecution has been filed under Article 191/4, if another investigation is initiated on the allegation that the person has again committed one of the acts regulated under Article 191/1, another decision postponing the filing of a public prosecution cannot be made.
The source explanation similarly states that after the filing of the public prosecution, where use, purchase, possession or acceptance occurs again, the postponement mechanism in paragraph two will no longer be applied again.
What Happens If the Postponement Period Is Completed Without Breach?
If the suspect does not breach the obligations specified in Article 191/4 and does not violate the prohibitions during the postponement period, a decision of non-prosecution is issued.
Accordingly, the postponement and probation system under Article 191 may allow the process to conclude without proceeding to criminal prosecution where the person complies with the statutory obligations.
What Is the Difference Between Article 191 and Drug Trafficking?
One of the most important issues under Article 191 is that the narcotic or stimulant substance must be purchased, accepted or possessed for personal use.
The source also specifically emphasises that purchasing, accepting and possessing must be carried out for the purpose of personal use in order to fall within Article 191.
Manufacture and trafficking of narcotic or stimulant substances is separately regulated as an offence under Article 188. Therefore, determining whether the conduct was carried out for personal use or within the scope of trafficking is important in determining the legal classification of the offence.
Does the Quantity of Narcotic Substance Alone Determine the Nature of the Offence?
The source does not provide a specific numerical threshold as to what quantity of narcotic or stimulant substance constitutes personal use or trafficking.
The element particularly emphasised by the source in relation to Article 191 is that purchasing, accepting or possessing must be carried out for the purpose of personal use.
Accordingly, based on the provided source, it is not possible to specify a definitive gram or quantity threshold that automatically results in Article 191 or another offence.
Does Article 191 Apply If Narcotic Substances Are Found on a Person?
The fact that a narcotic or stimulant substance is under a person's possession or control is relevant to the act of possession.
However, the legal classification of the offence should not automatically be determined merely because the substance is found on the person. Under Article 191, possession must be for the purpose of personal use.
The purpose for which the substance was possessed is therefore one of the fundamental issues in assessing the case.
Can Receiving Narcotic Substances Free of Charge Also Constitute an Offence?
Yes.
Article 191 regulates not only purchasing narcotic or stimulant substances but also accepting them.
According to the source explanation, acceptance involves receiving the substance by consent where there is no financial relationship between the parties.
Accordingly, the fact that no money was paid for the narcotic or stimulant substance does not prevent the conduct from falling within Article 191 where the purpose is personal use.
How Many Offences Arise If Purchasing, Accepting and Possessing Occur Together?
The source states that commission of one or more of the acts listed under Article 191 within the same incident constitutes a single offence.
For example, where a person purchases a narcotic substance for personal use and subsequently possesses it, the fact that these two acts occurred does not, according to the explanation in the source, result in two separate offences under Article 191.
What Happens If Conduct Prosecuted Under Article 188 or Article 190 Is Found to Fall Under Article 191?
According to Article 191/8 as reproduced in the source, where during proceedings for manufacture and trafficking of narcotic or stimulant substances under Article 188 or facilitating the use of narcotic or stimulant substances under Article 190 it is established that the offence falls exclusively within Article 191, a decision to defer the announcement of the judgment is issued against the defendant within the framework of Article 191.
This provision is important in situations where the initial legal classification of the conduct differs from the legal classification established during the proceedings.
Can Deferral of the Announcement of the Judgment Apply Under Article 191?
The provisions of Article 191/8 and 191/9 reproduced in the source contain specific rules concerning deferral of the announcement of the judgment.
Where, during proceedings conducted under Article 188 or Article 190, it is established that the offence falls exclusively within Article 191, a decision to defer the announcement of the judgment is to be issued within the framework of Article 191.
In addition, where Article 191 does not provide otherwise, the provisions of Article 171 of the Criminal Procedure Code concerning postponement of the filing of a public prosecution or Article 231 concerning deferral of the announcement of the judgment apply.
Is the Penalty Increased If Narcotic Substances Are Used Near a School?
Yes.
Under Article 191/10, the penalty is increased where the acts specified in paragraph one are committed in or near certain locations.
The law refers to:
- schools,
- dormitories,
- hospitals,
- military barracks,
- places of worship,
and buildings and facilities where people collectively gather for treatment, education, military and social purposes. Where the offence is committed in public or publicly accessible places located within two hundred metres of the boundaries of such places, where those boundaries are marked by surrounding walls, wire fences or similar barriers or signs, the penalty is increased by one half.
Is the Penalty Also Increased Near Hospitals, Dormitories or Places of Worship?
Yes.
Article 191/10 is not limited to schools. The statutory provision reproduced in the source also identifies dormitories, hospitals, military barracks and places of worship, as well as buildings and facilities where people collectively gather for treatment, education, military and social purposes.
The source explains that these locations are specially protected because they require greater protection and that the list is not exhaustive because the statutory wording uses an expression equivalent to “such as.”
What Is the 200-Metre Rule Under Article 191?
Article 191/10 provides that where the acts under Article 191/1 are committed in public or publicly accessible places located within two hundred metres of the boundaries of the specified buildings and facilities, where those boundaries are marked by walls, wire fences or similar barriers or signs, the penalty is increased by one half.
Accordingly, the location where the offence is committed may affect the penalty under Article 191.
What Is the Role of the Public Prosecutor in an Article 191 Investigation?
Article 191 gives the public prosecutor important responsibilities during the investigation stage.
The prosecutor decides to postpone the filing of a public prosecution for five years and warns the suspect about the obligations to be followed during the postponement period and the consequences that may arise if those obligations are breached.
The probation period may also be extended within the statutory limits by decision of the public prosecutor.
Why Is the Purpose of Personal Use One of the Most Important Issues Under Article 191?
Article 191 is fundamentally based on the person purchasing, accepting or possessing a narcotic or stimulant substance for the purpose of personal use.
The source expressly emphasises this point and states that the purpose of the listed acts must definitely be personal use.
Determining the purpose for which the narcotic or stimulant substance was obtained is therefore important in assessing whether the conduct falls within Article 191.
When Is a Criminal Case Filed Under Article 191?
When an investigation is initiated under Article 191, the special statutory system initially requires postponement of the filing of a public prosecution for five years.
However, a public prosecution is filed where, during the postponement period, the person persists in failing to comply with the obligations imposed or treatment requirements, again purchases, accepts or possesses narcotic or stimulant substances for personal use, or uses narcotic or stimulant substances.
Is a Criminal Case Filed If the Probation Rules Are Followed?
Where the suspect does not act contrary to the obligations specified in Article 191/4 and does not violate the prohibitions during the postponement period, a decision of non-prosecution is issued.
Compliance with probation obligations and the rules applicable during the postponement period is therefore directly relevant to the outcome of an Article 191 investigation.
Is a Lawyer Mandatory for an Article 191 Offence?
The provided source does not contain a specific statement that representation by a lawyer is mandatory in every investigation or prosecution under Article 191.
However, the legal classification of the conduct, purpose of personal use, postponement of the filing of a public prosecution, probation, treatment obligations and alleged breaches may produce different legal consequences during the Article 191 process.
It is therefore important for the particular circumstances of the case to be assessed under criminal law and criminal procedure rules.
Article 191 Drug Use and Possession Cases in Üsküdar
In allegations occurring in Üsküdar concerning use of narcotic or stimulant substances or purchasing, accepting or possessing such substances for personal use under Article 191, the legal classification must be determined according to the particular case.
In particular, whether the substance was possessed for personal use, the decision postponing the filing of a public prosecution, probation obligations, alleged breaches and the location where the offence was committed are important.
Accordingly, in assessments made within the scope of an Üsküdar criminal lawyer, Üsküdar drug offences lawyer, Istanbul criminal lawyer, Article 191 lawyer, drug use offence lawyer or drug possession lawyer, the investigation and prosecution file should be examined as a whole.
Üsküdar Criminal Lawyer Assistance
Legal assistance concerning Article 191 may include assessment of the investigation file, examination of the nature of the alleged conduct, assessment of the purpose for which the narcotic or stimulant substance was possessed, monitoring the postponement of the filing of the public prosecution, examining the legal consequences of probation obligations and assessing alleged breaches.
Particularly because Article 191 and offences concerning manufacture and trafficking of narcotic or stimulant substances have different legal consequences, determining the criminal provision under which the alleged conduct falls is important.
Conclusion
Purchasing, accepting or possessing narcotic or stimulant substances for personal use or using narcotic or stimulant substances is regulated as an offence under Article 191. According to the provision, a person who commits these acts is subject to imprisonment from two to five years.
However, Article 191 adopts a special system during the investigation stage. A decision postponing the filing of a public prosecution for five years is made without requiring the conditions under Article 171 of the Criminal Procedure Code, and the suspect is subject to probation for at least one year during the postponement period. Where necessary, the person may also be required to undergo treatment.
A public prosecution is filed if, during the postponement period, the person persists in failing to comply with the obligations or treatment requirements, again purchases, accepts or possesses narcotic or stimulant substances for personal use or uses narcotic or stimulant substances. By contrast, where the obligations are followed and the prohibitions are not violated, a decision of non-prosecution is issued.
In addition, where the offence is committed in public or publicly accessible areas within two hundred metres of places specified by law, such as schools, dormitories, hospitals, military barracks or places of worship, the penalty is increased by one half.
Accordingly, matters such as Article 191, drug use offence, possession of narcotic substances for personal use, purchasing narcotic substances, probation, postponement of the filing of a public prosecution, Üsküdar criminal lawyer, Istanbul criminal lawyer and drug offences lawyer should be assessed according to the particular circumstances and the information and documents contained in the criminal case file.