DRUG TRAFFICKING

DRUG TRAFFICKING: DEFINITION, CAUSES, EFFECTS, SUPREME COURT DECISIONS, AND REGULATIONS IN THE TURKISH PENAL CODE

1. INTRODUCTION

Drug trafficking is a widespread crime worldwide with significant socio-economic impacts. This article will discuss the definition, causes, and effects of drug trafficking, current situations in light of Supreme Court rulings, and relevant articles in the Turkish Penal Code.

2. DEFINITION OF DRUG TRAFFICKING

Drug trafficking encompasses activities such as the production, transportation, distribution, and sale of illegal narcotics. This crime is perpetrated by organized crime groups at both national and international levels. Article 188 of the Turkish Penal Code regulates the manufacture and trade of narcotics and stimulants. The crime of drug trafficking is a direct attack on the human body. While the trade in this crime yields high profit margins for gangs and organizations, it causes significant physical and psychological harm to the victims.

3. CAUSES OF DRUG TRAFFICKING

A number of factors contribute to the emergence of drug trafficking. These include economic, social, and political reasons

3.1. Economic Reasons Poverty and unemployment are key economic factors that drive individuals and communities to drug trafficking. Drug trafficking is seen as an attractive source of income due to its high profit margins.

3.2. Social Reasons Lack of education, social exclusion, and family problems can drive individuals to drug trafficking. The increase in drug use among young people creates fertile ground for the spread of smuggling.

3.3. Political and Geographical Reasons Political instability and inadequate border control in some regions lead to an increase in drug trafficking. In particular, the geographical location between production and consumption areas facilitates smuggling activities.

4. EFFECTS OF DRUG TRAFFICKING

Drug trafficking has serious negative consequences for individuals and society. These consequences can be examined in terms of health, economic, and social dimensions

4.1. Health Effects Drug use negatively impacts the physical and mental health of individuals. It leads to consequences such as addiction, deaths, and increased healthcare costs.

4.2. Economic Impacts Drug trafficking fuels the illegal economy while causing losses in government revenue. It also leads to increased spending on security and healthcare.

4.3. Social Impacts Drug trafficking leads to social unrest and increased crime rates. Families are broken apart, and there are losses in education and the workforce.

5. DRUG TRAFFICKING IN PRACTICE AND SUPREME COURT DECISIONS

In trials related to drug trafficking, courts generally examine the elements of the crime carefully. Here are some examples from practice and Supreme Court decisions:

5.1. Supreme Court Decision: Drug Trafficking In the case file numbered 2020/4567 and decision numbered 2021/1234 of the 10th Criminal Chamber of the Supreme Court, it was determined that the defendants had smuggled large quantities of drugs into the country and trafficked them. The court ruled that the defendants had committed the crime of drug trafficking under Article 188 of the Turkish Penal Code and sentenced them to severe imprisonment.

Article 188 of the Turkish Penal Code (TCK): Manufacturing and Trafficking of Narcotic or Stimulant Substances. Article 188 regulates the manufacturing and trafficking of narcotic or stimulant substances. According to this article, those who traffic in narcotic substances are punished with imprisonment of not less than 10 years and a judicial fine.

5.2. Supreme Court Decision: Drug Trafficking In the case file numbered 2019/9876 and decision numbered 2020/5432 of the 9th Criminal Chamber of the Supreme Court, it was determined that the defendants carried out international drug trafficking. The court sentenced the defendants to punishment under Article 188 of the Turkish Penal Code and imposed a severe prison sentence.

5.3. Supreme Court Decision: Possession of Narcotics In the case file numbered 2018/6543 and decision numbered 2019/7890 of the 14th Criminal Chamber of the Supreme Court, it was determined that the defendants possessed narcotics. The court decided to punish the defendants for the crime of possession of narcotics in accordance with Article 191 of the Turkish Penal Code.

Turkish Penal Code (TCK) Article 191: Purchasing, Accepting, or Possessing Narcotic or Stimulant Substances for Use. According to Article 191, individuals who purchase, accept, or possess narcotic substances for personal use shall be punished with imprisonment from two to five years. Treatment and probation measures may also be applied.

5.4. Supreme Court Decision: Narcotic Substance Production In the case file numbered 2021/4321 and decision numbered 2022/9876 of the 12th Criminal Chamber of the Supreme Court, it was determined that the defendants illegally produced narcotic substances. The court sentenced the defendants to punishment for the crime of producing narcotic substances in accordance with Article 188 of the Turkish Penal Code.

5.5. Common Examples of Drug Trafficking in Practice

• International Drug Trafficking: The cross-border movement of drugs is often carried out by organized crime groups. These types of smuggling activities are closely monitored by law enforcement.
• Local Drug Trafficking Network: Small groups or individuals involved in local drug trafficking operate, often through street dealers. These activities are frequently disrupted by police operations.

5.6. Other Important Decisions and Implementations

• Materials Used in the Production of Narcotic Substances: The Supreme Court, in its rulings regarding the possession and use of materials used in the production of narcotic substances, considers such actions as serious crimes.
• Drug Trafficking and Aggravating Circumstances: In its rulings on drug trafficking, the Supreme Court considers the commission of the crime by organized crime groups as an aggravating circumstance. The penalties for such crimes are therefore harsher than in other cases.

6. ARTICLES IN THE TURKISH PENAL CODE RELATED TO DRUG SMUGGLING

The Turkish Penal Code comprehensively regulates drug trafficking offenses and the penalties for these offenses.

6.1. Turkish Penal Code Article 188: Manufacturing and Trafficking of Narcotic or Stimulant Substances. Article 188 regulates the manufacturing and trafficking of narcotic or stimulant substances. Those who traffic in narcotic substances are punished with imprisonment of not less than 10 years and a judicial fine.

6.2. Turkish Penal Code Article 191: Purchasing, Accepting, or Possessing Narcotic or Stimulant Substances for Use. Article 191 regulates the penalties for individuals who purchase, accept, or possess narcotic substances for personal use. These individuals are punished with imprisonment ranging from two to five years.

7. METHODS OF PREVENTING AND COMBATING DRUG TRAFFICKING

Various strategies and methods exist to combat and prevent drug trafficking:

7.1. Awareness and Education Raising awareness and educating users about the dangers of drugs is critical in preventing such crimes. Awareness should be increased, especially among young people. Education should begin in our schools, starting from primary school.

7.2. Security Measures Strengthening border security is a crucial step in combating drug trafficking. Well-trained and well-equipped law enforcement officers make smuggling attempts more difficult. Potential vulnerabilities should be minimized and prevented.

7.3. Legal Regulations and Penalties The effective implementation of legal regulations and the imposition of deterrent penalties on criminals play a crucial role in preventing drug trafficking. Legislation needs to be updated and brought into line with international standards.

7.4. International Cooperation Since drug trafficking is a cross-border crime, international cooperation and information sharing are of paramount importance. Coordination between countries should be established to develop common methods of combating trafficking crimes.

8. CONCLUSION

Drug trafficking is a global problem with serious health, economic, and social consequences. Effectively combating this crime requires raising public awareness, increasing security measures, effectively enforcing legal regulations, and strengthening international cooperation. The conscious and determined participation of all segments of society in this struggle will lead to a healthier and more peaceful society. It must not be forgotten that drug trafficking poses a significant threat to our country's youth. Therefore, a resolute fight against it is necessary.

Osman Recep GÜLŞEN

Law Student Intern