Which Acts Does TCK 188 Cover
The heading of TCK 188 is "Manufacturing and trafficking of narcotic or stimulant substances." The popular expression "drug trafficking offense" may suggest only sale for money. The law, however, also covers acts such as giving to another, dispatching, transporting, storing, purchasing, accepting and possessing. Therefore the first thing to be done in a file is to determine which act is attributed to the person, for what purpose and on the basis of what concrete evidence. [1]
The legal and scientific nature of the substance that is the object of the offense, whether the activity is without a license or contrary to a license, and the person's knowledge and intent are each examined separately. The claim of having acted without knowing the material elements is assessed under TCK 30; personal criminal responsibility under TCK 20; and intent under TCK 21. Belonging to a vehicle, home or company does not by itself give rise to criminal responsibility for a substance found there. Conversely, the absence of a title or ownership record does not automatically exclude de facto control and conscious contribution. [1]
Manufacturing
As to manufacturing, it is investigated through what process the product seized came into being and whether the process carried out counts in law as manufacture of a narcotic or stimulant substance. The finding of tools used is not the same as completion of the offense. The nature of the product and the materials, the stage the process reached, the person's knowledge and concrete contribution must be assessed together with technical reports.
Cultivating cannabis, any treatment applied to plant material, and manufacturing a narcotic substance are not the same legal category. The special provisions of Law No. 2313, the product obtained, the purpose, and the conditions of TCK 188 or 191 are examined together. Both generalizations, "every act involving cannabis is manufacture" and "if there is a simple process there is no penalty," are misleading. This guide addresses the legal characterization of the act, not production methods. [1] [5]
Importation, Exportation and Transit
Importation concerns bringing the substance into Türkiye; exportation concerns taking it out of Türkiye. In an event crossing a border, the start of the movement, the destination, the route, the person's knowledge, the sphere of disposal and the stage at which the arrest occurred are important. In a file in which the border has not yet been crossed, the relationship between completed transport or possession and attempted exportation must be established separately. [1]
In transit transport, no definite conclusion can be drawn from the statement "it was just passing through Türkiye." The purpose of bringing the substance into Türkiye, the movements within the country and the unity of the act are examined to determine which of the importation, exportation or domestic transport provisions applies. A shipment's concerning more than one country does not mean that more than one penalty can automatically be imposed for the same act. The effect of a judgment and enforcement abroad is explained separately in the foreign-element section below.
Sale, Offering for Sale and Giving to Another
Sale concerns transfer for a price. Offering for sale is the outward expression, through concrete conduct, of an intent directed at selling. Even if no sale has taken place, whether another alternative act has been completed is investigated. The meaning of a message, the delivery event, witness statements and the substance seized should not be assessed in isolation from one another.
Why Giving Without Payment Matters
TCK 188/3 expressly lists the act of giving to another. Therefore the statement "I did not take money" does not, by itself, remove the trafficking charge. Whether the substance was really transferred to another person, any claim of joint acquisition or joint use, the relationship of disposal and all the circumstances of the event are examined. Being a user and giving a substance to another person are different legal questions. [1]
Purpose in Purchasing, Accepting and Possessing
Purchasing describes acquisition for a price; accepting, the taking of the substance into the person's disposal; and possessing, de facto control over the substance. In these acts the distinction between TCK 188 and TCK 191 is especially important. Acquisition or possession for personal use and giving to another, selling or other purposes beyond use are not subject to the same assessment. [1]
Dispatch, Transport and Storage
Dispatch concerns sending the substance; transport, carrying it from one place to another; and storage, keeping it for a purpose other than use. For legal responsibility, the person must know of the substance and intentionally take part in the act concerned. Short-term custody, not being paid, or the substance's belonging to another person does not by itself remove responsibility.
The capacities of carrier, vehicle owner, courier, warehouse employee or workplace authority are not automatic indicators of guilt. Separate evidence is required for each person. Conversely, if conscious carrying is proved in the file, the statement "I was only a carrier" does not by itself change the legal nature of the act. [1]
Penalties for the Offense of Drug Trafficking
TCK 188 does not have a single penalty range. The table below shows the basic regulation; the final penalty is determined by the concrete act and the aggravation or reduction provisions that can be applied. The imprisonment and judicial fines in the table are not alternatives; they are provided together in the law. [1]
| Act or provision | Imprisonment | Judicial fine or special consequence |
|---|---|---|
| Manufacture, importation or exportation without a license or contrary to a license — TCK 188/1 | 20 to 30 years | Judicial fine of 2,000 to 20,000 days |
| Sale within the country, offering for sale, giving to another and other alternative acts — TCK 188/3 | Not less than 10 years | Judicial fine of 1,000 to 20,000 days |
| Giving or selling the substance to a child — TCK 188/3, last sentence | Lower limit of 15 years for the person who gives or sells | The other provisions of the paragraph and applicable increases are assessed separately |
| Substances subject to permit or prescription that produce a narcotic or stimulant effect — TCK 188/6 | The provisions above for the relevant act apply | The penalty to be imposed may be reduced by up to one half; the reduction is not automatic |
| Substances that do not produce a narcotic effect, are used in production and whose importation or manufacture is subject to permit — TCK 188/7 | Not less than 8 years | Judicial fine of 1,000 to 20,000 days |
The expression "at least 10 years" does not mean an unlimited basic penalty. The general upper limit for a term of imprisonment in TCK 49 and special provisions apply together. Increases for aggravated cases and determination of the basic penalty should be kept separate. [1]
How Is the Judicial Fine Calculated
A judicial fine is calculated by multiplying the number of days determined by the amount assessed per day. Under the current regulation of TCK 52, the daily amount is in the range of TRY 100–500; the person's economic and personal circumstances are taken into account. This range was changed by Law No. 7499 and entered into force on 1 June 2024. In older offenses, the new amount cannot be used without an assessment of temporal application and the more favorable law. [1] [6]
The number of days and the daily amount rest on different grounds. There is no automatic conversion of the form "if there is a prison term of so many years, the fine is also so much." In a conviction, both elements and the total calculated must be capable of review.
Aggravated Cases That Increase the Penalty
Type of Substance
TCK 188/4-a provides for an increase by one half for heroin, cocaine, morphine, base morphine, synthetic cannabinoids and derivatives, synthetic cathinones and derivatives, synthetic opioids and derivatives, and amphetamine and derivatives. The scope of the list was expanded by Law No. 7445. The street name or appearance of a substance is not sufficient; the chemical group it belongs to must be determined by appropriate technical examination. [1] [7]
Public Place or Place Open to the Public Near Certain Facilities
TCK 188/4-b concerns the commission of the acts in the third paragraph in public places or places open to the public closer than 200 meters to buildings and facilities such as schools, dormitories, hospitals, barracks or places of worship specified in the law. Merely being near a school is not a sufficient explanation. The nature of the place where the act was committed, the boundaries of the facility and what the distance was measured from must be made concrete. [1]
Three or More Persons and Organizational Activity
An increase by one half is provided where the offense is committed jointly by three or more persons, and by one fold where it is committed within the activity of an organization established to commit offenses. The names of three suspects in a file do not make it unnecessary to investigate separately the condition of joint commission. Organizational activity, in turn, cannot be explained by the number of persons alone; the statutory elements of the organization and the concrete connection must be shown separately. [1]
Certain Professionals
TCK 188/8 provides for an increase by one half for physicians, pharmacists, chemists and other members of health or pharmaceutical fields listed there. The scope of the provision as to the person is examined together with the person's concrete professional status and act. The appearance of a professional title in the file does not replace proof of the other elements of the offense. [1]
Reductions and Individualization of the Penalty
Minority of age, attempt, aiding, effective repentance and discretionary mitigation are different institutions. Each is subject to its own conditions. A TCK 62 reduction cannot be explained solely by the words "good conduct"; reasons are given by assessing the criteria in the law. Formal attitudes and behavior aimed at influencing the court are not by themselves grounds for reduction. [1]
The date of the offense is the basic datum in determining the penal norm to be applied, the more favorable law and transitional provisions. The text of the law today and the law to be applied to an act committed in the past may not always be the same. Set-off of time spent in police custody and pretrial detention is also a calculation separate from determining the penalty.
How Personal Use Is Distinguished from Trafficking
TCK 191 regulates purchasing, accepting, possessing and using a narcotic or stimulant substance for use. The distinction from TCK 188 rests, in some acts, directly on the purpose of possession or acquisition. The file must be assessed not on the existence of a single finding but on the meaning the evidence carries together. [1]
The Law Contains No Gram Limit Valid for Everyone
Tables of the form "below this many grams is definitely use, above is definitely trafficking" do not constitute a statutory safe limit. The type and quantity of the substance are important; but these are considered together with conduct, the manner of seizure, signs of use and other evidence. A quantity mentioned in another file is not a binding threshold for all persons and substances.
Establishing that a person uses drugs also does not, in every event, make the person only a user. In addition to using, a person may give a substance to another or sell it. Conversely, the absence of a use examination cannot by itself be treated as proof of trafficking. The prosecution's burden of proving the elements of the offense cannot be converted into a duty of the person to prove himself or herself innocent. [1] [2]
| Fact examined | Question to be answered in the file | Conclusion that cannot be drawn from it alone |
|---|---|---|
| Type and quantity of the substance | Have the net quantity, content and characterization been reliably determined? | That there is a fixed gram limit for every event |
| Packaging and manner of keeping | What is the link of the findings to the person and the alleged activity? | That each separate package necessarily means sale |
| Communication records | Have the whole conversation, its date, party and link to the specific event been verified? | That a single word or screenshot is by itself conclusive proof |
| Money and transfer movements | Is it clear which transaction the amount derives from? | That the presence of cash or a transfer is by itself proceeds of crime |
| Signs of use | Which date and which substance do the findings relate to? | That being a user completely excludes the possibility of trafficking |
| Witness and other persons' statements | Are they based on direct observation; have contradictions been explained? | That a single statement is accepted as conclusive independently of its context |
The File as a Whole in the Court of Cassation Decision
In the decision of the Criminal General Assembly of the Court of Cassation (Yargıtay Ceza Genel Kurulu) dated 4 October 2022, E.2020/475, K.2022/608, the purpose of possession was assessed through conduct, the place and manner of possession, and the type and quantity of the substance. The majority reached a conclusion pointing to trafficking by considering together, in the specific event, equal quantities, packaging ready for sale and other findings. The statements of quantity in the decision do not constitute a statutory limit of use for all files; the existence of a dissent also shows that the dispute depends on the assessment of concrete evidence. [12]
The Special Investigation Regime Under TCK 191
In TCK 191, the basic imprisonment is two to five years. In addition, there is a special regulation in the investigation on deferment of the filing of the public case, supervised release and, where necessary, treatment. The period of deferment, breach of obligations and new acts during the deferment period are assessed within the system of the law itself. This system is not a general penalty reduction to be applied directly to a TCK 188 charge. [1] [7]
The case in which, in a case brought for the trafficking offense, the act is found to fall only under TCK 191 is also separately regulated in TCK 191/8. This special provision should not be confused with the general provisions of CMK 231. A change in the legal characterization of the offense may also raise the right of defense and whether an additional defense is needed. [1] [2]
Attempt, Participation and Multiple Offenses
Attempt Is Examined Separately for Each Alternative Act
Under TCK 35, direct commencement of execution through suitable acts is required, together with the offense's not being completed for reasons beyond the person's control. A preparatory act, a completed act and an attempt are distinguished from one another. That a sale has not been completed does not show that the file is necessarily at the attempt stage; an act such as offering for sale, possession or transport may have been completed. [1]
For manufacturing, importation or exportation, the stage at which the conduct was cut off and whether another alternative act exists are determined. Absolute statements such as "there is never an attempt in the trafficking offense" or "if the substance was not delivered there is only an attempt" are not reliable.
The Distinction Between Perpetrator, Instigator and Aider
Under TCK 37–39, joint commission of the act, forming the decision to commit the offense and facilitating its execution are different forms of participation. Participation cannot be concluded by looking only at an occupation or friendship relationship without determining what conduct the person engaged in during the event, the link of that conduct to the offense and the intent. [1]
For a person who personally performs an alternative act in TCK 188, the conclusion of a direct aider cannot be reached on the ground that he or she "received little pay" or "was not the real organizer." Conversely, being at the scene, kinship or contact does not replace proof of conscious contribution. The defense should address each defendant's role separately.
Acts Relating to the Same Substance and Separate Offenses
The relationship among acts such as purchasing, transporting, keeping and selling is assessed through the time of the acts, their purpose, the unity of the offense and the participation link. That the same substance is mentioned in the file with more than one act does not mean that a separate penalty is automatically applied for each act. In different events, a continuous offense, separate offenses or the joint application of different offense types may come into question. [1]
Laundering of proceeds of crime, slander or another offense claim is also examined according to its own elements. In particular, the discovery of drug proceeds is not the same as all the elements of the laundering offense under TCK 282 being established. In a claim of planting a substance with the aim of creating an accusation of an offense against another, not only the drug offense but, if the conditions are met, TCK 267 and other relevant provisions are assessed. [1]
Search, Seizure and the Lawfulness of Evidence
What evidence shows and how it was obtained are separate questions. CMK 206/2-a and 217/2 prohibit basing a judgment on unlawful evidence; Article 38 of the Constitution provides that findings obtained in a manner contrary to the law cannot be accepted as evidence. The discussion of the evidence in the reasoning of the judgment and the indication of evidence obtained by unlawful methods are also important under CMK 230. [2] [3]
Scope and Execution of the Search Decision
The basis of the search, the authority that gave the decision or order, the person and place to be searched, the suspicion of an offense, the time of validity, the manner in which the search was conducted and the records must be compared. The search of a home, workplace, vehicle and of a person's body cannot be reduced to the same procedural mold. The concrete reasoning for any claim of danger in delay must also be examined. [2]
Preventive Search and Judicial Search
The purpose and conditions of a preventive search differ from a judicial search aimed at obtaining evidence relating to a specific offense. The existence of a general preventive search decision in the file does not, by itself, lead to the conclusion that every act performed was lawful. When concrete suspicion arose and the conditions at the time of the act must be determined.
Report, Persons Present and Objections
Who was present at the search, when and how the report was drawn up, where the seized item came from, the signatures and statements and any video records are examined together. Signing the report or avoiding signing does not by itself yield a conclusion on the legal nature of the evidence. It should be explained which procedural violation and which evidence the concrete objection concerns.
In the decision of the Constitutional Court (AYM) dated 20 September 2023, B. No 2019/21704, the prosecutor's written order based on danger in delay was not found arbitrary on its own. At the center of the violation are the failure to comply with the statutory guarantee of a search witness in the search of the residence and the failure to answer objections to the decisive evidence. This decision shows that the manner in which the act was executed must be examined as much as the existence of the search order. [17]
By contrast, in the decision of the AYM General Assembly dated 20 March 2025, B. No 2020/27959, the majority found no violation by assessing the claims on the preventive search, the authenticity and reliability of the evidence, the opportunity to object and the proceedings as a whole. This result does not mean that general approval was given to every preventive search or that the prohibition of unlawful evidence in the CMK was lifted. The examination of admission of evidence in ordinary jurisdiction and the AYM's constitutional examination of fairness are not the same assessment. [18]
Telephone and Other Digital Evidence
The seizure of a phone and the examination of its contents are not the same act. In searching computers and similar digital data, CMK 134 is considered; in the monitoring of communications, CMK 135 and, according to the nature of the act, other special provisions. Each of the stages of search, seizure, data copying and content analysis may require a separate legal basis. [2]
In examining a screenshot, message log or application record, the following questions are important: Who produced the content? Which device and account does it belong to? Are the date and time correct? Are what came before and after the conversation available? Has the claim of alteration or incomplete transfer been investigated technically? Has a concrete link been established between the account the person is accepted to have used and the act attributed?
In the decision of the 10th Criminal Chamber of the Court of Cassation dated 25 March 2025, E.2022/15892, K.2025/3583, WhatsApp data obtained in breach of CMK 134 were not used as the basis of the judgment; the judgment was quashed, stating that the remaining evidence was insufficient to prove trafficking and that the act should be assessed under TCK 191. The decision is not an acquittal. Nor does it lead to the conclusion that all message records are invalid; the specific procedure of obtaining them and the other evidence remaining in the file are important. [13]
Substance Analysis and Chain of Custody
Chemical Characterization and Net Quantity
The narcotic or stimulant nature of the substance, its chemical group within an aggravated case, if any, and the questions the report answers must be clear. Gross weight, packaging weight, net quantity and active-substance findings should not be confused. An expert report should not be treated as consisting merely of the result line; it should also be examined what material the samples represent.
Link of the Samples to the File
It must be possible to trace that the item in the seizure report and the material sent to the laboratory and examined in the report are the same. Package and seal information, delivery records, taking of samples, and storage and destruction procedures serve this assessment. Not every gap in the records automatically produces the same legal result; the concrete effect of the gap on identity, integrity, reliability and the opportunity of defense must be explained. The questions put to the expert should also be framed so as to cure this gap. [2]
Witness Statements, Undercover Investigators and Technical Surveillance
How the witness obtained the information, changes in the statements, consistency with other evidence and the defense's opportunity to question are assessed. The statement of a person whose identity is concealed or the statement of another suspect is not beyond discussion merely because it was written in a report. The conditions of protective measures and the probative value of information obtained are separate matters.
Undercover investigators and monitoring with technical means are subject to special conditions under CMK 139 and 140. Authorization, period, scope and documentation of the act must be examined. Investigating an existing offense and causing a person to form the decision to commit an offense are not the same. The statement "technical surveillance was carried out" does not resolve all the procedural and evidentiary problems of the file. [2]
Rights in the Investigation and Pretrial Detention Stage
Notification of the Accusation Before the Statement and Access to Defense Counsel
The suspect's rights to be informed of the accusation, to benefit from defense counsel, to remain silent and to request that evidence in his or her favor be collected are regulated in CMK 147 and following. In the cases specified in the law, appointment of defense counsel is mandatory. Because of the severe punishment threatened under TCK 188, the provisions on mandatory defense counsel should be especially observed in the file. The special rule in CMK 148/4 on basing a judgment on a statement taken by the police without defense counsel is also important. [2]
In preparing the defense, the events the person remembers correctly should be distinguished from matters the person does not know or is unsure of. Deleting evidence, altering records, forming with others an untrue common account or accusing a person without basis are not legal defense methods. The explanations submitted to the file should be consistent with the existing documents and lawful evidence.
Pretrial Detention Is Not Automatic
Manufacturing and trafficking of a narcotic or stimulant substance is among the catalog offenses in CMK 100. However, being in the catalog does not mean mandatory pretrial detention. The concrete evidence showing strong suspicion of an offense, the ground for detention, proportionality and why judicial control would be insufficient should be assessed. Pretrial detention is not a conviction or an advance penalty. [2] [3]
In the defense, personal data such as a fixed address, family or work ties should not be listed as a template on their own; they should be explained in connection with the claim of flight or tampering with evidence. Matters such as the evidence in the file having been collected, the person's individual role, a change in the accusation and the length of detention should be subjects of the current assessment.
Judicial Control and Review of Detention
Judicial control under CMK 109 may, depending on the specific event, be an alternative to pretrial detention. Which of the measures, such as a ban on leaving the country, compliance with certain obligations or other statutory measures, will be sufficient is to be reasoned. A request for release, periodic review of detention and an objection to the decision are different procedures; one does not automatically cover the period or function of the other. [2]
In the decision of the AYM dated 16 April 2015, B. No 2014/17718, which directly concerned a drug trafficking accusation, relevant and sufficient reasons for the continuation of detention and the diligent conduct of the proceedings were assessed; no violation was found in the specific file. This historical decision is helpful with respect to the principle of reasoning. The period there cannot be used as a release threshold for all drug files or as the maximum period of detention applicable today. [19]
Effective Repentance Under TCK 192
Effective repentance is not merely saying that one regrets the offense. The time information was given, what the official authorities already knew, the accuracy of the statement and the concrete contribution made to uncovering the offense are important. The different paragraphs of TCK 192 contain separate conditions for a person participating in trafficking, a user and an application for treatment. [1]
| Situation | Basic condition required | Consequence in the law |
|---|---|---|
| A person participating in manufacture or trafficking giving information before the authorities learn — TCK 192/1 | Notifying the other accomplices and the places where the substance is hidden or manufactured; the information resulting in the arrest of the accomplices or seizure of the substance | If the conditions are met, no penalty is imposed |
| A person who bought, accepted or possessed for use notifying in advance — TCK 192/2 | Facilitating the achievement of the result stated in the law by notifying from whom, where and when he or she obtained it | If the conditions are met, no penalty is imposed |
| Voluntary assistance after the authorities learn — TCK 192/3 | Service and assistance in bringing the offense to light and in the arrest of the perpetrator or other accomplices | A reduction of one quarter to one half according to the nature of the assistance |
| A user seeking treatment before the investigation begins — TCK 192/4 | Satisfaction of the time and application conditions in the law | A special exemption from penalty for the act of use or acquisition for use |
Timing and Concrete Contribution
Repeating information already known to the authorities is not the same as giving new and useful information. However, the conclusion "once a person has been caught, he or she can in no way benefit from effective repentance" is also not correct; the third paragraph separately regulates assistance after the authorities learn. Under which paragraph the application is assessed and what result the statement produced must be made concrete. [1]
Voluntary surrender, naming another person, or a general statement of admission does not by itself produce the same result in every file. The relationship among material that would have been found anyway in a lawful search, evidence found thanks to new information, and the contribution offered by the defense must be assessed through the timeline of the event.
The Relationship Between the Right of Defense and Effective Repentance
A request for effective repentance does not have to be framed as an unconditional admission of all accusations. Which act the person reported, which role he or she accepted or denied and what assistance he or she gave should be separated out. Turning to other persons with untrue or unverifiable accusations may both weaken the value of the request and give rise to separate legal problems.
Why Decisions Reach Different Results
In the decision of the Criminal General Assembly of the Court of Cassation dated 14 May 2025, E.2023/53, K.2025/207, it was accepted that TCK 192/1 should be applied, by assessing the concrete conditions of voluntary notification and surrender before the official authorities learned of the offense. The result of the decision cannot be generalized to mean that every voluntary surrender will provide exemption from penalty; the order of the information-gathering and search process is decisive. [14]
In the Assembly's decision dated 5 February 2025, E.2024/51, K.2025/47, on the other hand, a statement that provided no new assistance affecting the result, in a file in which the offense had already been brought to light, was not found sufficient for the TCK 192/3 reduction. Reading the two decisions together, it is understood that not only the existence of the contribution but also its timing and concrete benefit must be investigated. [15]
In the decision of the AYM dated 24 December 2025, B. No 2022/52940, the failure to answer an effective repentance defense supported by concrete documents was held to violate the right to a reasoned decision. The AYM did not itself give a decision of reduction or acquittal; it assessed the violation requiring that the defense be answered with reasons, and its redress. Therefore, as much as presenting the request with its evidence, it is also important that the reasons why the court accepts or rejects the request be understandable. [16]
Competent Court, Remedies and Time Limits
Jurisdiction and Venue
In offenses under TCK 188, the competent court is as a rule the high criminal court (ağır ceza mahkemesi). For children, the special provisions on jurisdiction and procedure of the juvenile justice system are observed. Territorial jurisdiction is determined according to elements such as the place where the offense was committed, the continuity of the act, cross-border movements and related files. It cannot be said that every file must necessarily be heard in the place where the arrest was made. [2] [8] [9]
These offenses do not depend on a complaint; withdrawal of a complaint does not automatically end the investigation. TCK 188 cannot be treated as an offense to be terminated by reconciliation. The limitation period for prosecution should also not be summarized in a single number; the paragraph applied, the aggravated case, the age of the perpetrator, grounds of interruption or suspension and TCK 66–67 are assessed together. [1] [2]
Objection, Appeal (İstinaf) and Appeal on Points of Law (Temyiz) Are Different Routes
An objection to a detention or judicial control decision, an appeal (istinaf) against a conviction and an appeal on points of law (temyiz) against a decision of the regional court of appeal are not the same application. The authority that gave the decision, the type of decision, the date of notification or learning, the capacity of the person applying and whether the legal remedy is open must be determined first.
| Application | General period and start | Distinction to be checked |
|---|---|---|
| Objection under CMK 268 | Two weeks from learning of the decision, unless the law has a special provision | A review of detention or a release request is not the same procedure as an objection to an earlier decision |
| Appeal (istinaf) — CMK 273 | Two weeks from notification of the reasoned judgment | The date of the judgment and transitional provisions, and the right to apply, are checked |
| Appeal on points of law (temyiz) — CMK 291 | Two weeks from notification of the reasoned decision | The decision must be open to appeal on points of law and the grounds must be shown in due form |
This framework of periods should be read with regard to the regulation introduced by Law No. 7499 and the transitional provisions applied as of 1 June 2024. For decisions of earlier date, the former regime may come into question. In calculating periods, CMK 39–42, notification in due form, public holidays and, where applicable, the conditions for restoration of the previous state are examined separately. The notice of remedy on the decision should also be compared with the file. [2] [6]
Trial Costs and Legal Representation
The charging of costs in criminal proceedings is subject to CMK 324 and following provisions. Appointment of mandatory defense counsel differs from a fee contract with an attorney freely chosen by the person. Person-specific fees, scope of service and costs are determined according to the file and the conditions of appointment; a fixed fee for representation cannot be derived from this article. [2]
Important Distinctions for HAGB, Suspension and Enforcement
Suspension of the Sentence and HAGB Are Not the Same
Suspension of a prison sentence is assessed under TCK 51; deferment of the pronouncement of the judgment (HAGB), within the framework of CMK 231. Because of the high penalty limits of TCK 188, it cannot be said that the basic penalty for an adult perpetrator is suitable for these institutions. Nevertheless, it is also not accurate to formulate an absolute statement such as "it can never be applied in these files" without seeing the final penalty, age, applicable reductions and special provisions. [1] [2]
As of 28 October 2026, the HAGB institution is in force. The relevant paragraphs of CMK 231 were rearranged by Article 15 of Law No. 7589, and the amendment entered into force on 31 July 2026. In the general regime, in addition to the penalty being two years or less of imprisonment or a judicial fine, the statutory conditions such as a prior conviction for an intentional offense, the opinion that the person will not reoffend and compensation of the damage are assessed together. The basic penalty limit of TCK 188 is not by itself suitable for HAGB; the penalty resulting from applicable reductions is examined separately. The special provision for the case where the act is found to remain only within TCK 191 is also observed separately. [1] [2] [20]
The general HAGB supervision period is five years for adults and three years for children. By Law No. 7593, which entered into force on 18 August 2026, it is provided that when a HAGB decision is given concerning children, those of the guidance measures in Article 5/A of the Child Protection Law that are found appropriate are also applied. The same regulation allows the condition of compensating the damage to be waived for a child where the damage is small. These provisions do not mean that HAGB is automatically granted to children; the legal characterization of the offense, the resulting penalty and special provisions are assessed together. [2] [9] [21]
The Enforcement Calculation Cannot Be Made Only from the Years Imposed
Conditional release, supervised release, transfer to an open institution, recidivism and set-off of detention are different institutions. Without seeing the date of the offense, the person's age, the final judgment, other sentences, organizational links, recidivism status and the relevant transitional provisions, it cannot be said "this is how much of the sentence is served." The provisions specific to drug offenses in Law No. 5275 must also be checked separately. [4]
Under Article 108/9 of the current Law No. 5275, the conditional release rate for adults sentenced under TCK 188 to a term of imprisonment is three quarters. For children, 107/2-g and 108/10 apply together; the rate is two thirds. Good conduct and other conditions are required separately. Law No. 7593 excepted TCK 188 from the rule that one day spent in an institution until the age of 15 is counted as two days; it did not remove the two-thirds rate for children. Without regard to the date of the offense and the principle of the more favorable law, it cannot be assumed that the newer, harsher provision will apply to past events. [1] [4] [21]
As to supervised release, Article 105/A and the special transitional provisions are examined separately. The condition introduced by Law No. 7550, of spending in the institution at least one tenth of the time that must be spent in the institution until conditional release and in any case at least five days, does not apply, under provisional Article 11, to offenses committed before 4 June 2025. [4] [22]
Provisional Article 10/6, as amended by Law No. 7571, regulates, under certain conditions, earlier transfer to an open institution and to supervised release for offenses committed on or before 31 July 2023. Not every offense under TCK 188 is outside this provision merely because of the name of the offense; offenses committed within organizational activity, however, are expressly an exception. An early release result cannot be given without seeing the periods that must be spent in the institution, the conditions for transfer to an open institution, good conduct and the other exceptions. [4] [23]
In a dispute relating to enforcement, depending on the file, the enforcement judgeship (infaz hâkimliği) and the relevant remedy come into question. An application discussing the merits of the conviction and an application discussing the sentence computation certificate (müddetname) or the enforcement procedure are not substitutes for one another. [4] [10]
Related Offenses and Legal Entities
Facilitating Use and Encouragement
TCK 190 contains separate provisions on facilitating the use of a narcotic or stimulant substance and publicly encouraging it. Conduct listed in the law, such as providing a special place, equipment or materials; taking measures that would make arrest harder; and giving information on methods of use, is examined according to the particulars of the material event. In the first and second paragraphs, five to ten years of imprisonment and a judicial fine of 1,000 to 10,000 days are provided; the profession-related increase in the law is assessed separately. [1]
Being with a person or sharing the same premises does not by itself show all the elements of TCK 190. Conversely, where a substance has been transferred, whether it is sufficient to stay with the facilitation provision alone is also determined according to the real nature of the act. A scientific, medical or legal explanation must be distinguished from public encouragement of the offense.
Substances Subject to Permit or Prescription and Precursor Substances
TCK 188/6 concerns substances whose production is subject to permit or whose sale is subject to prescription and which produce a narcotic or stimulant effect; 188/7 concerns substances that do not produce such an effect but are used in the production of narcotics and whose importation or manufacture is subject to permit. Not every medicine or chemical falls within this scope automatically. The nature of the substance, the permit regime and the concrete act must be verified separately. [1]
Companies and Other Legal Entities
Under TCK 20, criminal responsibility is personal; no prison sentence is imposed on a legal entity. Nevertheless, TCK 189 provides for security measures specific to legal entities where the offenses of manufacturing and trafficking narcotic or stimulant substances are committed within the activity of a legal entity. The personal responsibility of representatives, managers or employees is examined with regard to their own acts and intent. [1]
Confiscation of items or gains is based on TCK 54–55; provisional seizure during the investigation is based on the relevant procedural provisions. Seizure and final confiscation are not the same. Items belonging to a third party, a good-faith claim and the link with the offense must be assessed separately.
Foreign Element and Cross-Border Files
Acts Committed in Türkiye
For offenses committed in Türkiye, the basic basis is the principle of territoriality in TCK 8. The perpetrator's being a foreigner does not prevent a drug offense committed in Türkiye from being assessed by the Turkish judicial authorities. Situations such as the act being committed partly in Türkiye or the result occurring here are also examined by statutory criteria. [1]
For a person who does not know Turkish, an interpreter, the ability to understand the accusation and the means of an effective defense are important. Matters such as consular notification, notifying a relative and access to the file are assessed within the framework of the relevant procedural provisions and applicable conventions. The effect of the criminal file on residence or the deportation process may require a separate administrative assessment. [2]
Acts Committed Abroad and Foreign Judgments
TCK 13 lists the manufacture and trafficking of narcotic or stimulant substances among certain offenses committed abroad. For the TCK 188 and 190 acts within this scope, proceedings in Türkiye depend, under TCK 13/2, on the request of the Minister of Justice. The provision cannot be cited as the basis of every act in Türkiye; the foreign connection, the special conditions of prosecution and the status of the judgment in the foreign country must be examined together. [1]
TCK 188/2 specifically regulates the set-off, from the penalty to be imposed in Türkiye for exportation, of the part enforced of the penalty imposed because the substance exported from Türkiye is deemed imported in the other country. This provision is not a general automatic set-off rule applied in the same way to all foreign convictions. In other cases, TCK 16 and relevant provisions, and judicial cooperation arrangements, are assessed. [1] [11]
Document and Process Plan for File Review
An effective defense is not limited to discussing the amount of the penalty. The act attributed, the person's role, the manner in which the evidence was obtained and the legal consequences must be tied together. The list below can be used to make the attorney's file review concrete; it is not a ready-made defense to be applied automatically to a file.
| Document or record | Purpose of the review |
|---|---|
| Arrest, search and seizure decisions and reports | To compare the basis, scope, time and execution of the act |
| Statement, interrogation and defense counsel appointment records | To examine the notification of rights, access to defense and the conditions of the statements |
| Laboratory and expert reports | To check the type and quantity of the substance and the link of the report with the material in the file |
| Digital examination decisions and reports | To assess authority, method, data integrity and the context of conversations |
| Video, witness and surveillance records | To compare the timeline of the event and the separate roles of the persons |
| Detention and judicial control decisions | To assess the current concrete reasoning, proportionality and alternative measures |
| Indictment, reasoned judgment and notifications | To determine the legal characterization, the bases of the judgment and the periods for remedies |
| Previous judgments and enforcement documents | To examine their effect on recidivism, set-off, the more favorable law and the enforcement calculation |
At the first stage, decisions and notifications with time limits should be separated out; then the missing documents in the file should be determined, and the lawfulness of the evidence and the legal characterization of the offense examined. If there is an effective repentance claim, the process of giving information and obtaining a result should be documented in chronological order. The step requested may be release, collection of evidence, an additional report, a change in the legal characterization of the offense, acquittal or an application for a legal remedy. The fact and legal ground on which each request rests must be clear.
Under CMK 160, the prosecutor's office is obliged to collect evidence both in favor of and against the suspect. That the defense requests a particular record or examination does not mean that the burden of proof has shifted to the suspect. If the request is not granted, its reasons and effect on the result may be discussed separately in later applications. [2]
Conclusion
In a file on manufacturing and trafficking of a narcotic or stimulant substance, the decisive matter is not only the quantity of the substance seized or the name of the charge. The correct characterization of the act, the separate determination of each person's role, the lawfulness of the evidence and its probative force as a whole must be assessed together. The penalty provisions for manufacture, importation and exportation and for the alternative acts within the country; the conditions of trafficking and personal use; and the different possibilities of effective repentance must be distinguished from one another.
In a specific file, the first step is to see the accusation and the state of the evidence, determine the decisions subject to time limits and direct the necessary legal application to the right authority. Objection, release request, appeal (istinaf), appeal on points of law (temyiz) and enforcement applications serve different functions. A general penalty table or the outcome of another file does not replace this examination.
Frequently Asked Questions
Is Drug Trafficking Only Sale for Money
No. TCK 188/3 also covers giving to another, dispatch, transport, storage and other alternative acts. The absence of payment does not by itself prevent the offense from being established. The specific act and purpose attributed must be determined. Scope of the acts.
How Many Years Is the Penalty for Drug Trafficking
For the alternative acts within the country, TCK 188/3 provides at least 10 years; for manufacture, importation or exportation, 188/1 provides 20–30 years of imprisonment. There is also a judicial fine. Aggravated cases and reductions may change the final result. Penalty table.
How Many Grams of Drugs Count as Trafficking
The law has no single gram limit valid for every substance and person. Quantity, type, conduct, manner of possession and other evidence are assessed together. A quantity accepted in another file is not an automatic limit. Distinction between use and trafficking.
Does Finding a Small Quantity of a Substance Prevent a Trafficking Offense
Not always. Where concrete acts such as sale or giving to another are proved, the smallness of the quantity does not by itself change the legal nature of the act. Conversely, intent to traffic should not be accepted by looking only at quantity. Purpose and evidence.
Can a Person Who Uses Drugs Also Be Held Liable for Trafficking
Yes, use and trafficking may relate to different acts and purposes. Establishing that a person is a user does not by itself remove the claim that he or she gave or sold a substance to another person. Each accusation must be assessed with separate evidence. Meaning of signs of use.
Can Giving to a Friend Without Payment Also Constitute an Offense
Yes. Giving to another is separately listed in TCK 188/3. If there is a claim of joint acquisition or joint use, the relationship of disposal and all the circumstances of the event are investigated; the statement "no money was taken" is not sufficient on its own. Giving without payment.
What Is the Difference Between Purchasing, Accepting and Possessing
Purchasing is acquisition for a price; accepting, taking the substance into one's disposal; possessing relates to de facto control. In the distinction between TCK 188 and 191, purpose is important. Ownership of the substance by the person is not a necessary condition. Acquisition and possession.
Does Keeping a Substance Belonging to Another for a Short Time Give Rise to Responsibility
It can, if the conditions are met. Short duration, not being paid, or the substance's belonging to another person is not decisive on its own. The person's knowledge, purpose and de facto contribution are examined. Being unknowingly in the same environment is assessed separately. Storage and custody.
Is a Carrier Who Does Not Know the Contents of a Package Automatically Punished
No. Intent and knowledge of the nature of the substance must be assessed with concrete evidence. Being a carrier does not automatically give rise to guilt; however, where conscious carrying is proved, the person's not being an organizer does not remove the act. Carrying and personal responsibility.
What Is the Difference Between Dispatching and Transporting
Dispatch concerns sending the substance; transport, carrying it from one place to another. The roles of the persons in the transaction and the unity of the movements are examined separately. It should not be assumed that every movement in the same event constitutes a separate offense. Dispatch and transport.
Is Licensed Production or a Prescription Substance an Offense in Every Case
No. The permit regime, the scope of the license, the prescription conditions and the conformity of the concrete act with them are investigated. Not every medicine or chemical falls within TCK 188; 188/6 and 188/7 have different conditions. Substances subject to permit.
Are Growing Cannabis and Manufacturing a Narcotic the Same Offense
They are not automatically treated as the same. Law No. 2313, the nature of the product, the process carried out and the purpose are assessed together. That a process is not counted as manufacture does not mean that other offense provisions will not apply. Manufacture and cannabis distinction.
How Are Importation, Exportation and Transit Transport Distinguished
The substance's entry into or exit from Türkiye, the purpose of the shipment, the route and the stage of the act are examined. A transit explanation does not by itself determine the result; domestic transport and cross-border movements are assessed together. Cross-border acts.
If a Person Is Caught Before the Substance Is Sold, Is There Only an Attempt
No. Even if no sale has taken place, an act such as offering for sale, possession or transport may have been completed. Attempt is assessed separately according to the act attributed and the stage the offense reached. Attempt.
Are an Aider to the Offense and a Direct Perpetrator Assessed in the Same Way
No. Joint commission, instigation and aiding are separate institutions under TCK 37–39. However, the fact that a person who personally performs an alternative act received little pay or was in a subordinate position does not automatically make him or her an aider. Forms of participation.
Is Having Three Suspects in the File Enough to Increase the Penalty
It is not sufficient on its own. The condition of joint commission in TCK 188/5 must be explained through the persons' acts and the participation relationship. As to organizational activity, too, not only the number of persons but the separate statutory elements of the organization are looked at. Joint commission and organization.
Do Giving a Substance to a Child and the Perpetrator's Being a Child Produce the Same Result
No. Giving or selling to a child concerns the special lower limit for the person who gives or sells. The perpetrator's being a child is assessed separately for age-related responsibility, juvenile proceedings and enforcement provisions. Penalties and enforcement.
Does the Penalty Increase in Every Event Near a School
No. The facility, distance and public place or place open to the public conditions in TCK 188/4-b are assessed together. The nature of a home, workplace and open area, and the point where the event occurred, should be made concrete. The 200-meter provision.
Is a Phone Message Alone Conclusive Evidence for Conviction
Such a conclusion cannot be established for every event. The lawful obtaining of the message, which person it belongs to, its context, integrity and relationship with other evidence are assessed. A selected screenshot and the whole conversation are not the same. Digital evidence.
Does the File End Automatically If There Was an Unlawful Search
The inability to use unlawful evidence is important; but the outcome of the file is assessed together with the scope of the violation and the remaining lawful evidence. Which act was unlawful and for what reason should be made concrete. Search and evidence.
Is Pretrial Detention Mandatory in a Drug Trafficking Charge
No. Being a catalog offense does not mean automatic detention. Concrete evidence showing strong suspicion, the ground for detention, proportionality and the sufficiency of judicial control must be reasoned. Conditions of detention.
Is a Release Request the Same as an Objection to Detention
They are not the same. A release request, review of detention and objection to a specific decision are different procedures. Making one request does not automatically preserve the period for the other application. The type, date and manner of learning of the decision should be checked. Application routes.
Is Saying That One Regrets Enough for Effective Repentance
No. Under TCK 192, the time, nature and concrete contribution of the information or assistance are important. The provisions concerning a person participating in manufacture or trafficking and those concerning a user are different. Conditions of effective repentance.
Is Effective Repentance Possible After Being Caught
Yes, if the conditions are met. TCK 192/3 regulates voluntary assistance after the authorities learn and provides for a reduction according to the nature of the assistance. It should not be confused with the exemption from penalty applying before the authorities learn. Timing and contribution.
Does Naming Another Person or Surrendering the Substance Always Bring a Reduction
No. The accuracy of the statement, whether it was already known and its concrete contribution are assessed. The meaning of voluntary surrender also depends on the stage of the event. Accusing another person untruthfully is not a legal defense method. Limit of effective repentance.
Can a User Benefit from Exemption from Penalty When Applying for Treatment
If the time and application conditions in TCK 192/4 are met, the special regulation may apply. This possibility is not a general immunity removing all trafficking acts. The supervision and treatment regime in TCK 191 is also assessed separately. TCK 191 regime.
Can HAGB or Suspension of a Prison Sentence Be Applied
Because of the high penalty limits of TCK 188, these institutions are not an ordinary and automatic result. The final penalty, age, reductions, current CMK 231 and, if any, the special conditions of TCK 191/8 are examined. Suspension of the sentence and HAGB are separate institutions. HAGB and suspension.
How Is the Time to Be Spent in Prison for a Sentence Found
It cannot be found solely from the number of years in the judgment. The date of the offense, age, recidivism, other sentences, set-off, good conduct and the current enforcement and transitional provisions must be examined together. General internet calculations do not replace review of the specific sentence computation certificate. Enforcement calculation.
Can Money or a Vehicle Alleged to Be Obtained from the Offense Be Seized
If the conditions are met, seizure and later confiscation may come into question. Provisional seizure is not the same as final confiscation. The link with the offense, the rights of third parties and good faith are assessed separately. The laundering offense also requires its own statutory elements. Legal entities and confiscation.
Is a Penalty Automatically Imposed on a Company or Its Manager
No. No prison sentence is imposed on a legal entity; special security measures may come into play under TCK 189. The personal responsibility of the manager, representative or employee is determined by his or her own act, knowledge and intent. Legal entity liability.
Is Planting a Substance to Accuse Another Assessed Separately
Yes. Depending on the circumstances of the event, in addition to the drug offense, slander and other relevant provisions may come into play. The element of each offense must be proved separately; the mere explanation "it was a joke" or "it belonged to someone else" does not by itself determine the legal result. Multiple offenses.
Is Facilitating Drug Use the Same Offense as Trafficking
No. TCK 190 contains separate provisions on facilitation and public encouragement. If there is a transfer of a substance or other trafficking acts, the relationship with TCK 188 is assessed separately. Being in the same place does not by itself show all the elements. TCK 190.
Which Court Is Competent and Does Withdrawal of a Complaint End the Case
For TCK 188 the high criminal court is as a rule competent; there are special provisions for children. Because the offense does not depend on a complaint, withdrawal does not automatically end the file. Territorial jurisdiction is determined separately. Jurisdiction and venue.
Can a Foreign Person Be Tried in Türkiye for This Offense
Yes. For acts committed in Türkiye, TCK 8 is the basis; being a foreigner does not prevent the proceedings. An interpreter and the means of an effective defense are observed. Acts committed abroad are assessed under TCK 13 and the relevant special conditions. Foreign element.
Is a Penalty Imposed Abroad Automatically Deducted in Türkiye
It is not deducted automatically in every case. TCK 188/2 contains a special set-off provision concerning the part enforced where an exportation act is deemed an importation in the other country. In other cases, other provisions and judicial cooperation rules are examined. Foreign judgment and set-off.
What Documents Should Be Prepared for a Meeting with an Attorney
First, decisions and notifications containing time limits; then the search, seizure, statement, interrogation, expert, digital examination, indictment and judgment documents, should be separated out. If not all documents are ready, a file review can be carried out to identify what is missing. Mandatory defense counsel and a private attorney agreement are different. Document and process plan.
Sources
[1] Turkish Penal Code No. 5237 (5237 sayılı Türk Ceza Kanunu); in particular Articles 7–8, 13, 20–21, 30–31, 35, 37–39, 49–55, 61–67, 188–192, 267 and 282. Official text.
[2] Code of Criminal Procedure No. 5271 (5271 sayılı Ceza Muhakemesi Kanunu); in particular Articles 39–42, 100–109, 116–119, 127, 134–140, 147–153, 160, 206, 217, 230–231, 268, 273, 291 and 324–325. Official text.
[3] Constitution of the Republic of Türkiye No. 2709 (2709 sayılı Türkiye Cumhuriyeti Anayasası); Articles 19, 36 and 38. Official text.
[4] Law No. 5275 on the Execution of Sentences and Security Measures (5275 sayılı Ceza ve Güvenlik Tedbirlerinin İnfazı Hakkında Kanun); Articles 105/A, 107, 108, provisional Articles 10 and 11. Official text.
[5] Law No. 2313 on the Control of Narcotic Substances (2313 sayılı Uyuşturucu Maddelerin Murakabesi Hakkında Kanun); in particular the provisions on permits and cannabis cultivation. Official text.
[6] Law No. 7499; amendments to TCK 52 and to the CMK time limits for remedies, and transitional provisions. Official Gazette, 12.03.2024, no. 32487. Official text.
[7] Law No. 7445; Articles 17–18 and relevant provisions. Official Gazette, 05.04.2023, no. 32154. Official text.
[8] Law No. 5235 on the Establishment, Duties and Powers of Judicial First Instance Courts and Regional Courts of Appeal (5235 sayılı Adlî Yargı İlk Derece Mahkemeleri ile Bölge Adliye Mahkemelerinin Kuruluş, Görev ve Yetkileri Hakkında Kanun); Articles 12–14 on the jurisdiction of the high criminal court. Official text.
[9] Child Protection Law No. 5395 (5395 sayılı Çocuk Koruma Kanunu); on juvenile proceedings, guidance measures and HAGB, in particular Articles 5/A, 23 and 26. Official text.
[10] Enforcement Judgeship Law No. 4675 (4675 sayılı İnfaz Hâkimliği Kanunu); Articles 4–6 on jurisdiction, complaint and review. Official text.
[11] Law No. 6706 on International Judicial Cooperation in Criminal Matters (6706 sayılı Cezai Konularda Uluslararası Adli İş Birliği Kanunu); provisions on purpose, scope, competence and cooperation. Official text.
[12] Court of Cassation Criminal General Assembly (Yargıtay Ceza Genel Kurulu), E.2020/475, K.2022/608, 04.10.2022; purpose of possession and the assessment of the specific event, and the conclusion section. Official text.
[13] Court of Cassation 10th Criminal Chamber (Yargıtay 10. Ceza Dairesi), E.2022/15892, K.2025/3583, 25.03.2025; III. Reasoning and IV. Decision. Official text.
[14] Court of Cassation Criminal General Assembly (Yargıtay Ceza Genel Kurulu), E.2023/53, K.2025/207, 14.05.2025; V. Reasoning and VI. Decision. Official text.
[15] Court of Cassation Criminal General Assembly (Yargıtay Ceza Genel Kurulu), E.2024/51, K.2025/47, 05.02.2025; IV. Reasoning and V. Decision. Official text.
[16] AYM First Section (Constitutional Court), B. No: 2022/52940, 24.12.2025; §§34–38, 41–42. Official text.
[17] AYM Second Section (Constitutional Court), B. No: 2019/21704, 20.09.2023; §§73–78, 91–97, 102–103. Official text.
[18] AYM General Assembly (Constitutional Court), B. No: 2020/27959, 20.03.2025; §§63–81 and the judgment. Official text.
[19] AYM Second Section (Constitutional Court), B. No: 2014/17718, 16.04.2015; §§25–35. Official text.
[20] Law No. 7589 Amending Certain Laws for the Effective and Efficient Functioning of the Judiciary (7589 sayılı Yargının Etkin ve Verimli İşlemesine Yönelik Bazı Kanunlarda Değişiklik Yapılmasına Dair Kanun); Articles 15 and 26. Adopted: 16.07.2026; Official Gazette, 31.07.2026, no. 33326. Official text.
[21] Law No. 7593 Amending the Child Protection Law and Certain Laws (7593 sayılı Çocuk Koruma Kanunu ile Bazı Kanunlarda Değişiklik Yapılmasına Dair Kanun); in particular Articles 2, 7, 12 and 16. Adopted: 08.08.2026; Official Gazette, 18.08.2026, no. 33344. Official text.
[22] Law No. 7550; enforcement and transitional regulations. Official Gazette, 04.06.2025, no. 32920, 1st repeated issue. Official text.
[23] Law No. 7571; in particular Article 27 and the amendment made to provisional Article 10 of Law No. 5275. Official Gazette, 25.12.2025, no. 33118. Official text.