The Crime of Aiding and Abetting Drug Trafficking

The crime of aiding and abetting drug traffickingoccurs when a person assists the principal perpetrator before, during, or after the commission of the acts defined in Article 188 of the Turkish Penal Code. In other words, a person who assists in the commission of the acts defined in Article 188 of the Turkish Penal Code without actually committing these acts commits the crime of aiding and abetting drug trafficking.

of aiding in drug trafficking ; a person who investigates whether there are police on the route where the drugs will be transported and informs the person transporting the drugs commits the crime of aiding in drug trafficking by virtue of the act of giving information.

the crime of aiding and abetting drug traffickingis that the perpetrator must provide assistance within the framework of Article 39 of the Turkish Penal Code, without participating in or being complicit in the transportation, procurement, packaging, or loading of the drug. For this crime, it is irrelevant whether the substance being aided is cannabis, cocaine, synthetic cannabinoid (bonzai), heroin, ecstasy, or another substance. Examples of acts of aiding and abetting drug trafficking include:

• Acting as a lookout at a specific point during the transport of drugs
• To bring together buyers and sellers of goods,
• Sending money from one's own account to pay for drugs,
• Notifying users when the drugs arrive,
• Introducing the driver of the vehicle transporting the item to the owner of the goods
• Creating a hidden compartment in a truck trailer for transporting narcotics.

Elements of the Crime of Aiding and Abetting Drug Trafficking

of aiding in drug trafficking can occur in various ways. Article 188/3 of the Turkish Penal Code regulates the alternative actions related to the crime of drug trafficking that can be committed "by aiding." According to this regulation, the crime of drug trafficking stipulated in Article 188 of the Turkish Penal Code is considered to have been committed if the following actions related to drugs are committed without a license or in violation of a license:

• Selling narcotic or stimulant substances within the country,
• Offering for sale narcotic or stimulant substances,
• Providing drugs or stimulants for others,
• Transport of narcotic or stimulant substances
• The transportation of narcotic or stimulant substances,
• Storage of narcotic or stimulant substances,
• The purchase of drugs or stimulants for the purpose of making a profit,
• Acceptance of narcotic or stimulant substances,
• Possession of narcotics or stimulants for the purpose of trading.

the crime of drug traffickingto be constituted, it is sufficient for any one of the alternative actions listed above to be committed. A person who assists in any of these alternative actions will receive a reduced sentence in accordance with Article 39 of the Turkish Penal Code, which regulates the provisions on aiding and abetting a crime. 

involved in drug trafficking to be considered an accomplice, they must not have joint control over the act with the principal perpetrator. If there is joint control, the perpetrator will be tried as a co-perpetrator of the crime, not as an accomplice.

The crime of aiding and abetting drug traffickingis divided into two categories according to Article 39/2 of the Turkish Penal Code: material aid and moral aid. Material aid includes:

• Procurement of tools to be used in the commission of the crime,
• Facilitating the commission of a crime by providing financial assistance before or during its commission,

The form of support is as follows, while spiritual support is provided in this way:

• Inciting the commission of a crime,
• To strengthen the decision to commit a crime,
• Promising to help after a crime has been committed,
• To provide guidance on how the crime will be committed.

The penalty for aiding in drug trafficking

The penalty for aiding in drug traffickingis half the legal penalty for the crime itself. However, the sentence imposed on the perpetrator cannot exceed eight years. For example, a person selling cocaine would receive a 15-year prison sentence. A person who aids in the sale of cocaine would receive half of that sentence: 7 years and 6 months. Because these penalties are extremely severe, criminal lawis crucial for a positive outcome of the trial.

                                                                                                                                                                                   Erdinc Karahan