1. Drug Trafficking (Article 188 of the Turkish Penal Code – TCK)
🔹 Definition of the Crime:
According to Article 188 of the Turkish Penal Code, the following acts by a foreign national are considered drug trafficking:
- Selling or distributing drugs or psychotropic substances
- Transporting, dispatching, or delivering such substances
- Importing into or exporting out of Turkey
🔹 Penalties:
- Minimum of 10 years’ imprisonment
- Up to 20,000 days of judicial fines
- Heavier penalties apply if the offense is committed as part of an organized crime group
⚠️ After serving the sentence, foreign offenders are usually subject to deportation by the Directorate General of Migration Management in coordination with prison authorities.
2. Possession or Use of Drugs for Personal Consumption (TCK Article 191)
🔹 Definition of the Crime:
Foreign individuals found in possession of narcotics for personal use, or who purchase or accept such substances for that purpose, are prosecuted under Article 191.
🔹 Legal Measures:
- First-time offenders may be offered rehabilitation and probation measures rather than imprisonment
- Probation period: up to 5 years
- Non-compliance results in 2 to 5 years of imprisonment
🔹 Special Considerations for Foreigners:
- If the foreign individual cannot legally remain in Turkey during the probation period, authorities may initiate deportation procedures
- Repeat offenses or breach of conditions may lead to direct imprisonment
3. Drug Smuggling (Under the Anti-Smuggling Law)
🔹 Definition of the Crime:
The following acts are considered drug smuggling under Turkish customs and criminal legislation:
- Bringing drugs across customs borders without declaration
- Using false documents or hiding substances in luggage or vehicles
- Illegal import/export of controlled substances
🔹 Context of Application:
- Frequently detected at airports, seaports, and land border crossings
- Triggers parallel administrative (customs) and criminal proceedings
🔹 Legal Consequences:
- The narcotics are seized/confiscated under customs law
- Separate criminal charges are filed under TCK Article 188
- Upon conviction, deportation and entry bans are commonly imposed
4. Procedural Safeguards for Foreign Defendants
- Interpreter assistance is mandatory during investigation and trial
- Consular notification is a legal obligation upon arrest or detention
- Pre-trial detention (remand) is common in narcotics trafficking cases
- Deportation or entry bans may be issued regardless of the trial outcome
5. Legal Assessment and Conclusion
Drug-related activities by foreign nationals in Turkey are met with strict legal consequences, including:
- Severe prison sentences under Turkish Penal Code Articles 188 and 191
- Administrative sanctions such as deportation and entry bans
- Criminal and customs laws often operate in parallel, especially for trafficking and smuggling cases
📌 Recommendations:
- Foreign nationals detained on such charges should immediately seek legal counsel
- Rights to interpretation, medical attention, and consular access must be protected
- Legal statements must be made with full awareness of rights and consequences
Prepared by:
Attorney Ferhat Küle
Istanbul Bar Association
Expert in Criminal Law and Foreign Nationals’ Legal Rights
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