Drug Offense Lawyer
Drug offense files are among the most serious and most frequently encountered cases in criminal law practice. Both drug use and drug trafficking cases can result in severe sanctions including long prison sentences, judicial control measures, and probation. A drug offense lawyer must command the technical details of the file - evidence analysis, legal classification, defense construction - and provide professional support at every stage from investigation to trial.
In these files, a distinction that may seem simple at first glance - "Was this for personal use or for supply?" - can fundamentally change the direction of the case. This distinction requires a careful analysis of the quantity, type, and packaging of the substance, the method of seizure, digital communications, financial data, and witness statements. Therefore, the defense must be built on an evidence-based foundation from the very beginning.
What are Drug Crimes?
Drug-related offenses in Turkish criminal law are primarily regulated under two statutory provisions: TCK (Turkish Penal Code) Article 188 and TCK Article 191. Each has different legal consequences.
| Offense | Statutory Provision | Scope |
|---|---|---|
| Drug Trafficking / Supply | TCK Art. 188 | Manufacturing, importing, selling, distributing drugs |
| Drug Use / Possession for Personal Use | TCK Art. 191 | Purchasing, accepting, or possessing for personal use |
Difference Between Drug Use and Drug Trafficking
In practice, the most critical question in drug offense files is whether the substance is possessed for personal use or for supply/distribution. This distinction is often established not through a single criterion but through all the evidence in the file together.
Factors considered in this assessment include:
- Quantity and type of the substance
- Method of packaging (bulk or separated into portions)
- Presence of cash and scales
- Phone call records and messages
- Witness statements and surveillance records
- Nature of prior convictions
The prosecution tends to classify the offense as trafficking where quantities are large and organization is apparent. The defense must carefully examine all technical and legal aspects of this classification.
Drug Trafficking (TCK Art. 188)
TCK Article 188 covers manufacturing, importing, exporting, purchasing, accepting, storing, supplying, or selling narcotic or psychotropic substances. The minimum sentence provided in this article is 10 years imprisonment. However, aggravating circumstances (type of substance, organized crime, certain locations such as schools) can increase the sentence significantly.
Cases under TCK 188 are heard in the heavy criminal court. The court evaluates whether the act falls within the scope of "trafficking" using all evidence in the file.
Drug Use (TCK Art. 191)
TCK Article 191 covers purchasing, accepting, or possessing narcotic or psychotropic substances for personal use. This provision takes a different approach compared to trafficking.
Under TCK 191, the prosecution may initially impose a deferral of prosecution decision. During the deferral period, the suspect must comply with probation measures (treatment, supervision, participation in auditing programs). If the period is completed successfully, the case is dismissed. However, failure to comply or new offenses can lead to criminal prosecution.
Which Court Hears Drug Cases?
| Offense Type | Competent Court |
|---|---|
| Drug Trafficking (TCK 188) | Heavy Criminal Court |
| Drug Use (TCK 191) | Criminal Court of First Instance / Heavy Criminal Court (depending on circumstances) |
What Does a Drug Offense Lawyer Do?
In drug offense files, the lawyer must take action from the very first moment. Custody, search, seizure, statement, detention, and judicial control processes all involve stages where rights can be lost.
- Accompanying the client during statements and interrogations
- Challenging the lawfulness of search and seizure proceedings
- Evaluating the technical and legal aspects of the evidence structure
- Building the defense on the TCK 188 / TCK 191 distinction
- Opposing detention requests; applying for judicial control and release
- Case tracking before the heavy criminal court and use of appeal rights after the verdict
Why is Evidence Critical in Drug Files?
| Type of Evidence | Importance in the File |
|---|---|
| Substance Quantity and Type | Directly affects the classification as use or trafficking. |
| Packaging Method | Portioned packages are a strong indicator of trafficking. |
| HTS and Phone Records | May reveal networks of communication and supply relationships. |
| Cash and Scales | May be used as evidence of sales activity. |
| Search Minutes | Unlawful searches can render evidence invalid. |
| Witness Statements | May support or contradict trafficking allegations. |
Drug Cases at Istanbul's Kartal and Caglayan Courthouses
As ATK Law Firm, we provide legal consultancy and case tracking services in drug offense files primarily at Istanbul Anadolu Palace of Justice (Kartal Courthouse) and Istanbul Palace of Justice (Caglayan Courthouse). Given the severity of drug offense files, managing the process carefully from the investigation phase onwards is of great importance.
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Frequently Asked Questions
What is the difference between drug use and drug trafficking?
Drug use (TCK 191) is a personal offense subject to treatment and probation. Drug trafficking (TCK 188) covers supply, distribution, and sale, and carries sentences of 10 years or more. This distinction can significantly affect the investigation and trial process.
Which court hears drug trafficking cases?
Drug trafficking cases (TCK 188) are generally heard in the heavy criminal court. Drug use cases (TCK 191) may be heard in the criminal court of first instance depending on the scope of the file.
What happens in a drug use investigation?
In drug use investigations (TCK 191), the prosecution may impose a deferral of prosecution decision. During the deferral period, the suspect complies with probation conditions. Successful completion may result in dismissal, while violations can lead to criminal prosecution.
Can unlawful searches invalidate evidence?
Yes. Searches conducted in violation of procedural law (CMK) may render the obtained evidence inadmissible. The lawfulness of the search and seizure is an important element that must be examined in drug files.