Introduction
Encouragement of narcotic substance use under Article 190/3 of the Turkish Penal Code is a criminal offense targeting conduct that persuades, provokes, or normalizes drug consumption. Unlike trafficking (Article 188) or possession for personal use (Article 191), this provision focuses on influencing others’ behavior by directly or indirectly promoting narcotics.
For foreigners in Turkey — whether students, professionals, property owners, or business operators — understanding Article 190/3 is vital. Even non-commercial actions, such as telling someone that drugs are “harmless,” encouraging peers at a social gathering, or broadcasting content that glamorizes narcotics, may lead to criminal liability. This article offers a comprehensive legal framework and practical insights for foreigners.
Legal Framework
1. Turkish Penal Code (Law No. 5237) – Article 190/3
- The provision explicitly punishes “encouraging, promoting, or praising narcotic or stimulant substance use.”
- It extends liability to verbal, written, visual, or online acts that entice others to consume narcotics.
2. Connection with Other Provisions
- Article 188 TPC: Trafficking and production.
- Article 190/1 and 190/2 TPC: Facilitation and providing opportunities.
- Article 191 TPC: Personal use possession.
- Law No. 5651 (Internet Law): Provides additional sanctions for online encouragement.
3. International Context
Turkey’s approach aligns with the 1988 UN Convention against Illicit Traffic in Narcotic Drugs, which requires member states to criminalize incitement to drug use.
Elements of the Crime
1. Actus Reus (Material Acts)
Encouragement can take many forms:
- Verbal or Written: Persuading someone to try narcotics, claiming they are safe or enjoyable.
- Media and Social Networks: Publishing content that normalizes or promotes drug use.
- Cultural or Artistic Works: Songs, videos, or artistic performances that praise narcotics may fall under scrutiny.
- Indirect Encouragement: Downplaying the harms of drugs in a way that promotes consumption.
2. Mens Rea (Mental Element)
- Requires intent to encourage others to use narcotics.
- Casual or neutral discussions of drug policy are not criminalized, but any positive promotion is risky.
3. Object of the Crime
- All narcotic or stimulant substances under Turkish law: cannabis, cocaine, heroin, methamphetamine, ecstasy, synthetic opioids, etc.
Penalties under Article 190/3
1. Basic Penalty
- Imprisonment of 5 to 10 years.
- Judicial fines may be imposed in addition.
2. Aggravated Circumstances
- Targeting Minors: Encouraging children or students is treated with particular severity.
- Using Media or Internet: If encouragement occurs through mass media, social networks, or broadcasting, penalties are aggravated.
- Public Figures: Musicians, influencers, teachers, or public officials who encourage drug use face higher scrutiny.
3. Attempt and Participation
- Attempted encouragement is still punishable.
- Joint encouragement (e.g., group propaganda) leads to liability for all participants.
Judicial Practice and Yargıtay (Court of Cassation) Precedents
- Direct Persuasion: Yargıtay has upheld convictions where individuals explicitly persuaded friends to try narcotics.
- Media Influence: Turkish courts have prosecuted cases involving social media content promoting drug use, treating online posts as active encouragement.
- Targeting Minors: Courts impose aggravated penalties when minors are the audience, even if no actual drug use occurs.
Practical Implications for Foreigners
1. Social Gatherings and Peer Groups
Foreigners living in Turkey may face risk if they encourage peers or acquaintances to use narcotics, even informally. Statements such as “you should try this” can be used as evidence of encouragement.
2. Business and Entertainment Sector
- Artists and Musicians: Foreign performers in Turkey must exercise caution; lyrics or performances promoting drugs can trigger liability.
- Social Media Influencers: Foreign residents managing online accounts may face prosecution if content is interpreted as promoting drug use.
3. Educational and Youth Environments
Foreign teachers, students, or youth workers face heightened sensitivity. Any suggestion that narcotics are harmless may result in aggravated sentencing.
4. Procedural Aspects
- Pre-trial Detention: Possible given seriousness of penalties.
- Interpreter Rights: Guaranteed during proceedings.
- Deportation: Convicted foreigners are generally deported after serving their sentences.
Defenses and Legal Remedies
- Lack of Intent: Showing that statements were educational, critical, or prevention-oriented rather than promotional.
- Freedom of Expression Defense: Courts may recognize discussions on drug policy reform as distinct from encouragement.
- Effective Remorse (Article 192): Cooperation with authorities may reduce sentences.
- Appeals: Decisions can be appealed through regional courts and Yargıtay.
Conclusion
The encouragement of narcotic substance use under Article 190/3 of the Turkish Penal Code reflects Turkey’s strict stance against any form of influence leading to drug consumption. For foreigners, liability may arise not only from direct persuasion but also from online content, performances, or indirect speech. The law aims to protect public health by preventing narcotics from being normalized or glamorized in society.
Foreigners must exercise utmost caution in speech, social activities, and online presence while in Turkey. Even unintended expressions can be misinterpreted as encouragement. Immediate legal assistance and awareness of cultural and legal sensitivities are critical to avoiding liability.
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