Abstract:

The rate of sedative or stimulant substance abuse is growing rapidly in Turkey and around the world. Inequality in wealth distribution, inadequate access to education and health services appear to be the most important factors in the rise in such crimes. That said, developments in technology, in particular, have made it easier to produce larger volumes of sedative and stimulant substances at much lower costs. Considering the fact that the cost of manufacturing certain synthetic sedative and stimulant substances has fallen significantly and that the trade of such substances has become easier amongst communities, the magnitude of the danger for the people of Turkey and others around the world becomes even more evident. Similar to criminal codes in many other countries, the Turkish Penal Code (TPC) regards buying, accepting, and possession of drugs for intended use and the use of drugs as a punishable crime. The crime of “buying, accepting, and possession of drugs for intended use” as mentioned in Article 191 of TPC Nr. 5237 has been revised as per Article 68 of Law Nr. 6545 Concerning Changes to the Turkish Penal Code and Certain Other Laws. Undoubtedly, the most important issue in this revised version appears under the heading of substances because the new title to the article now states “Buying, accepting, possession of sedative and stimulant substances for intended use, or the use of sedative and stimulant substances”. Accordingly, the most important aspect of the revision is that the use of sedative and stimulant substances has now clearly become an act of crime. Because, prior to the enactment of TPC Nr. 5237 and particularly during the preparation of the law itself, there were extensive debates as to whether the act of sedative and stimulant substance use should be regarded as a crime. It was ultimately concluded that the mentioned act could not be regarded as a crime but an act that requires the measure of probation. Accordingly, the use of sedative and stimulant substances had not been an act that was clearly regarded as a crime in the original version of TPC’s Article 191. However, in line with Supreme Court decisions, the act of sedative and stimulant substance use was regarded as a crime according to Article 191 on the grounds that the individual who had used sedative and stimulant substances had, even for a brief moment, purchased, possessed or accepted the substance in question before use. More so, another feature in the revision to TPC’s Article 191 as introduced by Article 68 of Law Nr. 6545 Concerning Changes to the Turkish Penal Code and Certain Other Laws is that, based on the article, the penalty for the crime has been “increased to improve effectiveness in fighting this crime and protect society from drugs” and the penalty determined as a two to five year prison sentence. When the provisions of TPC’s Article 191 were being revised in accordance with Law Nr. 6545, a completely different approach was introduced, especially in the investigation and prosecution of the crime. Particularly in regards to the investigation stage, the Public Prosecutor was given broad authority in his/her decision to defer the public prosecution and adjudicating a measure of probation. For any investigation initiated for this crime, the Public Prosecutor is expected to defer the public prosecution for a period of five years for the suspect, regardless of the conditions stated in TPC’s Article 171

Keywords: