Can a suspended sentence be applied in drug-related offenses?

The postponement of the announcement of the verdict in drug-related crimes is one of the most frequently asked questions in criminal law. This is especially true for individuals under investigation or prosecution for using or possessing drugs with intent to use, who often ask questions such as, "Will I go to prison?", "Can a postponement of the announcement of the verdict be given?", "Will it be recorded in my criminal record?", and "Are probation and postponement of the announcement of the verdict the same thing?".

However, in order to properly assess the possibility of a suspended sentence in drug-related crimes, it is first necessary to determine the legal nature of the alleged crime. This is because possessing drugs for personal use and trafficking drugs are not subject to the same legal regime.

The main provisions in the Turkish Penal Code are:

• Manufacturing and trading of narcotic or stimulant substances is defined in Article 188 of the Turkish Penal Code
• Facilitating the use of narcotic or stimulant substances, Turkish Penal Code Article 190
• Purchasing, accepting, possessing, or using narcotic or stimulant substances for personal use falls under Article 191 of the Turkish Penal Code

It has been organized within the scope of this.

Therefore, it is not possible to give a single answer regarding whether or not a suspended sentence can be applied in drug-related crimes. While a suspended sentence may be possible under Article 191 of the Turkish Penal Code, it is generally not possible in drug trafficking offenses due to the high penalties prescribed for them.

What is HAGB?

HAGB is an abbreviation for "postponement of the announcement of the verdict".

According to Article 231 of the Code of Criminal Procedure, even if a conviction is handed down against the defendant as a result of the trial, the court may postpone the announcement of the verdict if certain conditions are met.

According to Article 231/5 of the Code of Criminal Procedure, which came into effect on July 23, 2026, a suspended sentence may be issued if the sentence imposed on the defendant is imprisonment for two years or less, or a judicial fine .

Although a suspended sentence decision contains a technically established ruling, this ruling does not, within the system stipulated by law, produce the normal legal consequences of a conviction against the defendant.

If the defendant completes the probation period in accordance with the conditions stipulated by law, the suspended sentence is revoked and the case is dismissed.

Therefore, the suspended sentence is an important institution in criminal procedure, especially for those who are first-time offenders or for whom the court forms a positive opinion that they will not re-offend.

What are the conditions for issuing a suspended sentence?

According to the current Article 231 of the Code of Criminal Procedure, the most important condition for a suspended sentence is that the resulting punishment imprisonment for two years or less, or a judicial fine .

In addition, within the scope of Article 231/6 of the Code of Criminal Procedure;

the defendant's lack of prior conviction for an intentional crime,

The court must be convinced that the defendant will not re-offend, taking into account their personality traits and their attitude and behavior during the trial

If the crime has caused irreparable harm to the victim or the public, then that harm must be compensated

The following conditions are required.

In a significant number of drug-related crimes, since no specific individual suffers direct material harm, the condition of compensation is assessed according to the specific circumstances of the case.

The crucial point here is so much the abstract penalty stipulated in the law for the crime, but rather whether the final sentence imposed on the defendant at the end of the trial falls within the limits of a suspended sentence.

Can a suspended sentence be applied in drug use offenses?

Yes. Under certain conditions, a suspended sentence may be applied in cases of purchasing, accepting, possessing, or using narcotics or stimulants.

However, before directly switching to the suspended sentence system under Article 191 of the Turkish Penal Code, there is a special investigation regime that must be applied.

According to Article 191/1 of the Turkish Penal Code, a person who purchases, accepts, possesses, or uses narcotic or stimulant substances for the purpose of personal use to imprisonment for a period of two to five years .

However, the legislator has not adopted a system based on direct punishment for drug users.

In accordance with Article 191/2 of the Turkish Penal Code, in investigations initiated due to this crime, to postpone the public prosecution against the suspect for a period of five years, Criminal Procedure.

Therefore, for a person being investigated for the first time under Article 191 of the Turkish Penal Code, it is not a general rule that the investigation is directly brought to court by preparing an indictment.

Postponement of Public Prosecution in Drug Use Crimes

In drug use cases, the institution most often confused with HAGB (Suspension of Sentence) is the postponement of the initiation of public prosecution.

Under Article 191 of the Turkish Penal Code, the public prosecutor may decide to postpone the initiation of a public prosecution for a period of five years during the investigation phase.

During this period, the suspect is placed under probation. According to current regulations, the probation period is a minimum of one year and can be extended under the conditions specified in the law. The suspect may also be subjected to treatment if deemed necessary. In addition, the public prosecutor may decide to refer the person to the relevant institution to determine whether or not they have used drugs during the probation period.

Therefore;

The postponement of the initiation of public prosecution occurs during the investigation phase, while a suspended sentence is essentially a decision made by the court as a result of the prosecution.

These two institutions are different.

What happens if probation is violated?

According to Article 191/4 of the Turkish Penal Code, during the probation period, the person;

his/her persistence in failing to comply with the obligations imposed upon him/her or the requirements of the treatment,

Purchasing, accepting, or possessing narcotic or stimulant substances with the intention of repeat use,

using drugs or stimulants

In these cases, a public prosecution may be initiated against them.

The renewed use of drugs or possession of drugs for the purpose of use during the suspension period is not investigated as a separate crime; as a rule, a violation . Article 191/5 of the Turkish Penal Code clearly regulates this matter.

If the suspect completes the five-year probation period without committing any violations, a decision will be made not to prosecute him/her.

In this case, since the person has not yet reached the conviction stage, there is no need for a suspended sentence assessment.

If a case is filed under Article 191 of the Turkish Penal Code, can a suspended sentence be given?

When a public prosecution is initiated due to a violation of probation or deferment obligations, the court assesses whether the crime has been proven.

If a conviction is handed down, and the resulting sentence remains within the limits of a suspended sentence and other legal conditions are met, then Article 231 of the Code of Criminal Procedure may be applied.

Since the basic penalty under Article 191 of the Turkish Penal Code is between two and five years, the possibility of a suspended sentence may arise, especially if the basic penalty is determined at the lower limit and, as a result of applicable legal reductions, the sentence remains at two years or less.

However, it is not accurate to say that a suspended sentence will be automatically given in every case under Article 191 of the Turkish Penal Code. The defendant's criminal record, previous convictions, the circumstances of the specific case, and the amount of punishment resulting from the trial must be evaluated separately.

The case opened for drug trafficking was converted to a drug use case, and the sentence was suspended

Another extremely important provision regarding suspended sentences in drug-related crimes is regulated in Article 191/8 of the Turkish Penal Code.

A person may initially be prosecuted under Article 188 of the Turkish Penal Code for drug trafficking or under Article 190 for facilitating drug use.

However, upon evaluating the evidence obtained during the trial, it can be concluded that the individual possessed the drug solely for his own use, not for trafficking.

According to Article 191/8 of the Turkish Penal Code (TCK), if, during a prosecution conducted under Articles 188 or 190 of the TCK, it is determined that the act falls exclusively within the scope of Article 191 of the TCK, a suspended sentence may be issued against the defendant in accordance with the provisions of Article 191 of the TCK .

In the practice of the Supreme Court of Appeals, it has been accepted that if, during a trial initiated for the crime of drug trafficking, it is determined that the act constitutes possession of drugs for personal use, the special provision for suspended sentences in Article 191/8 of the Turkish Penal Code should be taken into consideration.

Therefore, in cases involving drug trafficking charges, basing the defense solely on a request for acquittal may not always be sufficient. This is especially true considering the nature of the drug itself

amount,

the way it was seized,

packaging method,

whether the defendant is a drug user

whether or not a precision balance is available,

communication records,

money movements,

HTS records,

evidence of physical or technical surveillance,

evidence of sale or transfer to other persons

The action should be examined as a whole to assess whether it is truly driven by commercial purposes.

The change in the classification of the crime from Article 188 to Article 191 of the Turkish Penal Code can completely alter the legal consequences the defendant may face.

Is a suspended sentence applicable in drug trafficking crimes?

Trafficking in narcotics or stimulants is regulated in Article 188 of the Turkish Penal Code.

Article 188/3 of the Turkish Penal Code stipulates that anyone who sells, offers for sale, gives to another person, dispatches, transports, stores, buys, accepts, or possesses narcotic or stimulant substances within the country without a license or in violation of a license sentenced to imprisonment for a period of not less than ten years , as well as a judicial fine.

Manufacturing, importing, or exporting are subject to much harsher penalties.

Since the general limit for suspended sentence under Article 231 of the Code of Criminal Procedure is two years, there is a very large difference between the statutory penalty for drug trafficking and the limit for suspended sentence.

Therefore, in typical drug trafficking convictions for adults, a suspended sentence is not possible.

The legal obstacle here is not primarily that the crime is a "drug offense," but rather that the sentence to be imposed far exceeds the two-year suspended sentence limit.

In other words, rather than a general prohibition in Article 231 of the Code of Criminal Procedure stating that "Suspension of Sentence cannot be applied in the crimes under Article 188 of the Turkish Penal Code," the high lower limit of the crime itself makes suspension of sentence impossible in practice.

In specific cases, if there are mitigating circumstances such as minority of the perpetrator, attempted crime, aiding and abetting, effective repentance, or other special grounds for reduction, the calculation should be made separately. However, in the ordinary penal regime, the final sentence for a drug trafficking crime completed by an adult perpetrator is not expected to fall to two years or less.

Does Effective Repentance Grant a Suspension of Sentence?

Article 192 of the Turkish Penal Code contains provisions for effective repentance in drug-related crimes.

Active repentance is an institution that, if the conditions are met, can lead to a significant reduction in a person's sentence or, in some cases, to no sentence being imposed at all.

However, effective repentance and suspended sentence are not the same thing.

While effective repentance affects the determination of the sentence, suspended sentence (HAGB) is a criminal procedure institution that concerns the postponement of the legal consequences of a determined conviction.

In drug trafficking cases, the application of the principle of effective repentance alone does not automatically result in a suspended sentence. The sentence must also be reduced to the level of a suspended sentence as defined in Article 231 of the Code of Criminal Procedure.

Suspended Sentence in the Crime of Facilitating Drug Use

Article 190 of the Turkish Penal Code regulates the crime of facilitating the use of narcotic or stimulant substances.

Given the severity of the prison sentences prescribed for this crime, it is not possible under normal circumstances for the final sentence to remain within the two-year suspended sentence limit.

Therefore, with regard to Article 190 of the Turkish Penal Code, the suspended sentence has a much more limited scope of application compared to the crime of possession for personal use under Article 191 of the Turkish Penal Code.

However, if, in a case opened under Article 190 of the Turkish Penal Code, it is determined that the act actually falls only under Article 191, then the special provision in Article 191/8 of the Turkish Penal Code may come into play.

What is the probation period in a suspended sentence decision?

According to Article 231/8 of the Code of Criminal Procedure, which came into effect on July 23, 2026, a person given a suspended sentence will be subject to supervision for a period of five years.

The court may impose various probation obligations during this period, not exceeding one year.

If no new crime is intentionally committed during the probation period and the specified obligations are complied with, the suspended sentence is revoked and the public prosecution is dismissed.

Conversely, if a new crime is intentionally committed during the probation period, or if the probationer violates the terms of their probation, the court may pronounce the suspended sentence.

Therefore, a suspended sentence should not be interpreted as "the punishment has been completely eliminated." The real result is revealed by the successful completion of the probation period.

Does a Suspended Sentence (HAGB) leave a mark on the criminal record?

A suspended sentence (HAGB) is not a conviction that is recorded in a general criminal record like a classic, final conviction.

Article 231 of the Code of Criminal Procedure that suspended sentence decisions must be recorded in a separate system . These records may only be used by the public prosecutor, judge, or court for the purposes specified in the law and in connection with the investigation or prosecution.

However, the impact of a suspended sentence on entry into public service, private security, law enforcement professions, or certain professions subject to security investigations should be examined separately in light of relevant specific legislation and administrative court precedents.

Is the Defendant's Acceptance Required for a Suspended Sentence?

Under the old system, the defendant's consent was required for a suspended sentence to be issued.

However, following the amendment to Article 231 of the Code of Criminal Procedure by Law No. 7499, the requirement for the defendant to accept the suspended sentence has been removed.

The legal avenues against suspended sentence decisions have also been changed under the same regulation.

Under the current Code of Criminal Procedure, Article 231/12, appeals can be filed against suspended sentence decisions, subject to the exceptions stipulated in the law . The regional court of appeal can review the suspended sentence decision both procedurally and substantively.

This is particularly important in drug cases. Because even if a suspended sentence is given when the defendant claims that the crime never occurred, that the evidence was obtained illegally, or that the drug did not belong to them, this does not completely prevent the defendant from raising legal claims regarding the substance of the conviction.

Are HAGB and Sentence Deferral the Same Thing?

No.

The suspension of imprisonment under Article 51 of the Turkish Penal Code and the postponement of imprisonment under the same article are different.

In a suspended sentence (HAGB), no conviction is announced, and if the probationary period is successfully completed, the sentence is revoked and the case is dismissed.

In the case of a suspended sentence, there is a conviction that could become final; only the execution of the prison sentence in the correctional institution is postponed under certain conditions.

Therefore, in most cases, a suspended sentence is more advantageous for the defendant in terms of its legal consequences compared to a suspended sentence.

Examples of Suspended Sentences in Drug Offenses

Example 1:

The individual was found to be in possession of a quantity of drugs suitable for personal consumption, and there was no evidence that he was involved in drug trafficking.

The action can be evaluated under Article 191 of the Turkish Penal Code. Initially, the postponement of the public prosecution and the implementation of supervised release will be considered as a rule.

Example 2:

The individual violated their obligations after receiving a decision to postpone the initiation of public prosecution under Article 191 of the Turkish Penal Code, and a lawsuit has been filed against them.

If the final sentence determined in the event of a conviction is two years or less, and other conditions are met, a suspended sentence may be considered.

Example 3:

The defendant was charged with drug trafficking under Article 188 of the Turkish Penal Code in the High Criminal Court. The court concluded that the seized drugs were for the defendant's own use and that there was insufficient evidence to prove that he was selling them.

If the act is deemed to fall within the scope of Article 191 of the Turkish Penal Code, then the special provision for suspended sentence in Article 191/8 of the Turkish Penal Code will come into play.

Example 4:

The defendant was proven to have sold drugs with conclusive evidence and was convicted under Article 188/3 of the Turkish Penal Code.

Since the basic penalty for the crime is not less than ten years, it is not possible to apply a suspended sentence under normal circumstances.

The Status of Suspended Sentences After the 2026 Constitutional Court Decision

There has been a very important development in terms of current legislation regarding suspended sentences.

The Constitutional Court, in its decision dated July 10, 2025, numbered E.2024/98, K.2025/149, annulled the provisions regarding the suspended sentence regime in Article 231 of the Code of Criminal Procedure.

The decision was published in the Official Gazette dated December 31, 2025, and numbered 33124; the entry into force of the annulment provisions was postponed for nine months. Legislative versions indicate that the annulment provisions will enter into force on September 30, 2026 .

Therefore, as of July 23, 2026, the current provisions regarding suspended sentences in Article 231 of the Code of Criminal Procedure are still in effect.

However, how the suspended sentence institution will be applied after September 30, 2026, should be re-evaluated depending on whether the legislature makes any new regulations before that date.

This is particularly important in drug-related crimes. While Article 191/8 of the Turkish Penal Code contains a specific provision regarding suspended sentences, the ninth paragraph of the same article states that, unless otherwise stipulated, Article 231 of the Code of Criminal Procedure shall apply. Therefore, it is necessary to monitor any new legal regulations that may be issued regarding implementation after September 30, 2026.

Conclusion: Is a Suspended Sentence Possible in Drug Offenses?

Whether or not a suspended sentence can be applied in drug-related offenses depends on the type of crime alleged.

for the crime of possessing or using narcotic substances for personal use (Turkish Penal Code Article 191) . However, the primary approach in the initial stage is not a suspended sentence, but rather a five-year postponement of the public prosecution and a system of supervised release.

Regarding the crime of drug trafficking (Turkish Penal Code Article 188) , due to the high prison sentences prescribed, it is not possible to apply a suspended sentence under normal circumstances for adult defendants

Conversely, if, during a trial for drug trafficking, it is determined that the act actually constituted possession or use of drugs for personal use, a suspended sentence may be considered under Article 191/8 of the Turkish Penal Code.

Therefore, especially in cases involving drug trafficking charges, the quantity of the drug should not be evaluated in isolation; the manner in which the substance was seized, the packaging method, the suspect's usage habits, the presence of a precision scale or sales material, telephone and message records, financial transactions, physical and technical surveillance records, and all evidence in the case should be considered together.

In drug-related crimes determining the nature of the offense under Articles 188 to 191 of the Turkish Penal Codecan directly alter not only the severity of the sentence but also the consequences of sentencing, such as suspended sentences, probation, postponement of public prosecution, and the outcome of the execution of the sentence.

Therefore, instead of giving a definitive answer to the question "Will a suspended sentence be applied?" in every drug case before the case is heard, the legal nature of the crime, the quantity and nature of the seized substance, the evidence, the defendant's criminal record, and the applicable mitigating circumstances should be evaluated together.

In conclusion, while suspended sentences are legally possible in cases of drug use and possession for use, they are generally not possible in drug trafficking due to the high penalties involved. However, a change in the crime from trafficking to drug use can have extremely important legal consequences in favor of the defendant regarding suspended sentences.