Introduction
Supplying and providing narcotic substances under Article 188/3-4 of the Turkish Penal Code is one of the gravest criminal offenses in Turkey. While Article 188 generally regulates the production and trafficking of narcotics, paragraphs 3 and 4 specifically address the acts of offering, supplying, giving, distributing, and providing narcotics to others.
For foreigners living in or visiting Turkey, awareness of these provisions is crucial. Even non-commercial acts — such as sharing narcotics at a party — can trigger severe legal consequences. Unlike some jurisdictions that distinguish between large-scale trafficking and small-scale sharing, Turkish law treats all forms of supplying and providing narcotics as a direct threat to public health and punishes them harshly.
This article offers a legal framework and comprehensive overview of Article 188/3-4, its elements, penalties, judicial practice, and practical implications for foreigners.
Legal Framework
1. Turkish Penal Code (Law No. 5237) – Article 188
- Paragraph 3 (Art. 188/3): Criminalizes the act of offering or supplying narcotics to others, regardless of whether money changes hands.
- Paragraph 4 (Art. 188/4): Criminalizes giving or distributing narcotics — this includes social sharing, gifting, or passing drugs among friends.
2. Related Provisions
- Article 188/1-2 TPC: Criminalizes production, import, and export of narcotics.
- Article 190 TPC: Facilitation, providing opportunity, and encouragement of drug use.
- Article 191 TPC: Personal use possession (distinct from providing to others).
- Article 192 TPC: Provides mitigation for cooperation (effective remorse).
3. International Context
Turkey’s strict stance reflects obligations under the 1961 Single Convention on Narcotic Drugs and the 1988 UN Convention against Illicit Traffic, which require states to criminalize all levels of narcotic distribution.
Elements of the Crime
1. Actus Reus (Material Acts)
- Supplying/Offering: Making narcotics available for another person’s use, even without profit.
- Giving/Distributing: Handing narcotics to others, either as a gift or during shared consumption.
- Providing for Use: Any conduct that results in another person obtaining narcotics.
Important: Turkish courts interpret these acts broadly. For example:
- Passing a joint at a party = “giving.”
- Sharing pills with a friend = “supplying.”
- Introducing a user to a dealer = facilitation under Art. 190, but if you personally provide, it falls under Art. 188/3-4.
2. Mens Rea (Mental Element)
- Requires intentional conduct.
- The accused must knowingly supply or distribute narcotics.
- Lack of awareness (e.g., giving someone a substance unknowingly) excludes liability.
3. Object of the Crime
- Any narcotic or stimulant substance: cannabis, heroin, cocaine, methamphetamine, ecstasy, opioids, synthetic drugs, etc.
Penalties under Article 188/3-4
1. Basic Penalty
- Imprisonment of 10 to 15 years for supplying or providing narcotics.
- A judicial fine is also imposed, based on the type and quantity of drugs.
2. Aggravated Circumstances
- Supplying to Minors: If the recipient is under 18, penalties increase dramatically (up to 20 years).
- Schools, Dormitories, Military Facilities, or Worship Places: Severe aggravation.
- Organized Crime Involvement: Penalties may extend to 30 years.
3. Mitigation
- Effective Remorse (Art. 192): Offenders who cooperate with authorities, reveal suppliers, or assist in preventing further crimes may receive significant sentence reductions.
Judicial Practice and Yargıtay (Court of Cassation) Precedents
- No Distinction Between Commercial and Social Supply: Yargıtay consistently rules that giving narcotics to others, even free of charge, constitutes a violation of Article 188/3-4.
- Quantity Not Decisive: Even small amounts provided to others may lead to conviction.
- Sharing as Trafficking: Courts emphasize that sharing narcotics in a social setting is not “personal use” but falls within the scope of supplying/providing.
- Supplying to Minors: Yargıtay applies the harshest penalties in cases involving under-18 recipients.
Practical Implications for Foreigners
1. Social Gatherings
Foreigners attending parties or social events in Turkey face high risks. Even sharing a small amount of cannabis or offering a pill to a friend is treated as supplying narcotics under Article 188/3-4.
2. Business and Hospitality Sector
Foreigners managing bars, clubs, or entertainment venues must be vigilant. Allowing staff or patrons to share narcotics within the premises may expose business owners to liability.
3. Students and Expatriates
Foreign students and young expatriates are particularly vulnerable. Casual social sharing among friends, common in some countries, can lead to long prison terms in Turkey.
4. Procedural Consequences
- Pre-trial Detention: Standard in Article 188 prosecutions, given the seriousness of the crime.
- Interpreter Rights: Guaranteed under Turkish criminal procedure.
- Deportation: Convicted foreigners are almost always deported after serving their sentence and may face permanent re-entry bans.
Defenses and Legal Remedies
- Personal Use Argument: Defense may argue that the drugs were for personal use (Article 191), not for providing to others — though courts scrutinize this claim carefully.
- Lack of Intent: If the accused did not knowingly supply narcotics, liability does not attach.
- Effective Remorse: Cooperation with authorities may result in substantial sentence reductions.
- Procedural Defenses: Challenging unlawful searches, arrests, or surveillance.
- Appeals: Convictions may be appealed before regional courts and ultimately Yargıtay.
Conclusion
The supplying and providing of narcotic substances under Article 188/3-4 of the Turkish Penal Code is punished as severely as trafficking. Turkish law makes no distinction between commercial distribution and casual social sharing — both are considered serious threats to public health.
For foreigners in Turkey, the risks are immense: even seemingly minor actions such as passing drugs at a party can result in long prison terms, fines, and eventual deportation. Immediate legal assistance, strict compliance with Turkish law, and awareness of these provisions are essential for avoiding criminal liability.
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