Introduction Statutory law alone is often insufficient to fully define the scope of criminal liability in drug-related offenses. In Turkey, Yargıtay plays a crucial role in interpreting and applying the provisions of the Turkish Penal Code. Its decisions guide lower courts and ensure consistency in judicial practice. This article analyzes how Yargıtay decisions influence the […]
Introduction Drug offenses constitute a significant category within Turkish criminal law due to their impact on public health and social order. The Turkish Penal Code (TPC) provides a structured legal framework regulating different types of drug-related activities. The primary provisions governing drug crimes are Articles 188, 191, and 192, which collectively address trafficking, personal use, […]
Introduction Sentencing is one of the most critical stages of criminal proceedings, directly affecting both the offender and society. In drug-related offenses, sentencing policies must strike a balance between deterrence, punishment, and rehabilitation. Turkish law adopts a strict approach toward drug trafficking while allowing more flexible and rehabilitative measures for drug users. This dual structure […]
Introduction Drug addiction is a complex issue that extends beyond criminal law and involves significant medical and social dimensions. Recognizing this complexity, modern legal systems increasingly adopt approaches that prioritize treatment and rehabilitation. In Turkey, this approach is reflected in the legal treatment of drug users. Rather than imposing immediate punishment, the legal system seeks […]
Introduction Modern criminal justice systems increasingly adopt alternative sanctions to reduce prison populations and promote rehabilitation. Probation is one of the most important mechanisms in this regard, particularly for non-violent offenses such as drug use. In Turkey, probation is widely applied in drug-related offenses involving personal use. Instead of imprisonment, individuals are monitored and directed […]
Introduction Drug addiction presents a complex challenge that intersects criminal law, public health, and social policy. Legal systems must determine whether individuals suffering from addiction should be treated as offenders deserving punishment or as patients in need of medical care. In Turkey, this debate is reflected in the legal framework governing drug use. The Turkish […]
Introduction The legal distinction between drug use and drug trafficking plays a decisive role in the Turkish criminal justice system. Given the significant differences in sanctions, accurately classifying an act as either personal use or trafficking is essential for ensuring justice and proportionality. Turkish law adopts a dual approach by treating drug users as individuals […]
Introduction Drug-related offenses constitute one of the most significant areas of criminal law due to their direct impact on public health, social order, and national security. In Turkey, the legal framework governing drug crimes is primarily regulated under the Turkish Penal Code (TPC) No. 5237, along with relevant provisions of the Code of Criminal Procedure […]
Introduction Possession of narcotic substances for personal use under Article 191 of the Turkish Penal Code is a distinct offense in Turkish criminal law, separated from drug trafficking (Article 188 TPC). While trafficking is punished as a crime against public health with severe penalties, Article 191 addresses the situation where individuals hold narcotics only for […]