Organized Crime and Increased Penalties in Drug Trafficking Offenses
Organized Crime and Increased Penalties in Drug Trafficking Offenses
Entrance
The crime of manufacturing and trafficking narcotics or stimulants is one of the types of crimes regulated under the Turkish Penal Code as crimes against public health, and carries extremely severe penalties. The production, import, export, sale, offering for sale, transfer, shipment, transportation, storage, purchase, acceptance, or possession of narcotics for commercial purposes under Article 188 of the Turkish Penal Code, .
However, drug trafficking carried out individually does not have the same legal consequences as it does when conducted within an organized structure. The legislator has imposed heavier penalties for the crime being committed by multiple individuals acting in a coordinated manner, and has adopted a much more severe system of increased penalties when the crime is committed within the framework of a criminal organization's activities.
According to Article 188/5 of the Turkish Penal Code, if the crime of manufacturing and trading narcotic or stimulant substances is committed jointly by three or more persons, the penalty is halved; if it is committed within the framework of an organization established for the purpose of committing crimes , the penalty is doubled. Therefore, when it is accepted that drug trafficking is carried out within the scope of an organization, the penalty for the perpetrator regarding the crime of drug trafficking is significantly increased.
In addition, if the conditions are met, the perpetrator may not only be subject to an increased sentence under Article 188 of the Turkish Penal Code; conviction under Article 220 of the Turkish Penal Code for establishing, managing, or being a member of an organization for the purpose of committing crimes may also be considered
Therefore, one of the most important legal debates in drug trafficking investigations and prosecutions is whether the relationship between the defendants is merely that of an accomplice , or whether a genuine criminal organization exists within the meaning of the Turkish Penal Code.
1. Basic Regulation of the Crime of Drug Trafficking
According to Article 188/1 of the Turkish Penal Code, a person who manufactures, imports, or exports narcotic or stimulant substances without a license or in violation of a license to imprisonment for 20 to 30 years and a judicial fine of 2,000 to 20,000 days .
Domestic drug trafficking is regulated under Article 188/3. Accordingly, the sale of narcotic or stimulant substances without a license or in violation of a license;
to sell, offer for sale, give away, dispatch, transport, store, buy, accept, or possess
This constitutes a crime.
The penalty for these offenses is imprisonment for a period of not less than 10 years and a judicial fine of between 1,000 and 20,000 days. If the person to whom the drug or stimulant is given or sold is a child, the imprisonment sentence for the person giving or selling the drug cannot be less than 15 years.
When the subject of the drug trafficking crime is specific substances, an additional increase is applied under Article 188/4 of the Turkish Penal Code. According to the current regulation, if the subject of the crime is heroin, cocaine, morphine, basmorphine, synthetic cannabinoids and their derivatives, synthetic cathinones and their derivatives, synthetic opioids and their derivatives, or amphetamines and their derivatives, the penalty is increased by half.
In addition to all this, drug trafficking carried out by multiple perpetrators or in an organized manner constitutes an aggravated offense under Article 188/5 of the Turkish Penal Code.
2. Increased Penalty under Article 188/5 of the Turkish Penal Code
Article 188/5 of the Turkish Penal Code regulates two different aggravating circumstances:
First: The crime is committed jointly by three or more people.
In this case, the penalty will be increased by half.
Secondly: The crime is committed within the framework of an organization established for the purpose of committing crimes.
In this case, the penalty will be increased by one fold.
The text of the law clearly distinguishes between these two situations.
For example, if the court has set the basic prison sentence for drug trafficking at 10 years, and it is determined that the crime was committed by three people acting together, the sentence could be increased by half, as per Article 188/5 of the Turkish Penal Code, resulting in a sentence of 15 years.
Conversely, if the same crime is deemed to have been committed within the framework of a genuine criminal organization, a one-fold increase will be applied, potentially raising the basic 10-year sentence to 20 years.
Therefore, especially in drug cases, the distinction between "three people committing a crime together" and "committing a crime within the framework of organized crime" is extremely important in terms of the amount of punishment the defendant may face.
3. Three people trafficking drugs together doesn't always mean they're part of an organization
One of the most common mistakes in practice is automatically assuming the existence of a criminal organization simply because three or more people are involved in drug trafficking.
However, the very wording of Article 188/5 of the Turkish Penal Code distinguishes between these two possibilities.
Three or more individuals may have come together temporarily solely for the purpose of carrying out a specific drug trafficking act. For example, in a single incident where one person procures the drugs, another drives the vehicle, and the third delivers the drugs, joint perpetration may be considered depending on the specific circumstances. However, this alone does not constitute an organized group within the meaning of Article 220 of the Turkish Penal Code.
The Supreme Court also makes a clear distinction between organized crime and complicity.
The 20th Criminal Chamber of the Supreme Court of Appeals, in one of its decisions, that the mere presence of three individuals is not sufficientorganization; it also requires a hierarchical relationship, however loose, among the members, a de facto unity around the purpose of committing the crime, continuity, and a structure suitable for committing the intended crimes. It was further stated that the mere presence of more than three defendants is not sufficient for the organization to be considered a criminal group; if these conditions are met, only a relationship of complicity can be considered.
Therefore;
Three people + drug trafficking = automatically an organized crime
A legal assessment of this nature cannot be made.
4. What are the elements of a criminal organization?
In order for the aggravating provision of Article 188/5 of the Turkish Penal Code regarding organized crime to be applied in relation to drug trafficking, an organizational structure within the meaning of Article 220 of the Turkish Penal Code must first be established.
There must be at least three people
Article 220 of the Turkish Penal Code explicitly stipulates that an organization at least three members . This condition is explicitly preserved in the current Article 220/1 of the Turkish Penal Code.
However, this is only the numerical requirement of the organization.
The presence of three people does not prove the existence of the organization.
There must be a hierarchical structure
One of the most important factors that distinguishes a criminal organization from an ordinary partnership is the existence of a specific hierarchical relationship .
Hierarchy doesn't necessarily have to be rigid and militaristic. A loose hierarchy within an organization may suffice.
For example, in drug trafficking cases;
The person who decides from whom the drugs will be obtained, the person who organizes the shipment, the people who store the drugs, the people who manage the points of sale, the people who collect payments, and the street dealers
This type of task division can be one indicator of organizational structure.
However, the mere fact that individuals know each other, speak on the phone, or are defendants in the same criminal case does not necessarily indicate the existence of a hierarchical relationship.
5. The Element of Continuity in the Organization
One of the most important elements of the concept of an organization is continuity.
While the relationship between individuals who temporarily come together with the aim of committing a single specific crime is often considered complicity, a criminal organization refers to a structure that exhibits a certain degree of continuity.
For example, three people agreeing to transport a specific quantity of drugs from one city to another on a single occasion may not, by itself, prove the existence of a criminal organization.
In contrast, certain individuals have had the following for a long period of time;
procuring drugs, making shipments at different times, arranging for the storage of drugs, establishing a sales network, collecting money from sales, and financing new shipments
This may indicate organizational continuity.
The Supreme Court's jurisprudence also accepts that the organization must not be merely a coincidental association that arises at the time the crime is committed, but must possess a certain degree of continuity.
6. The Organization's Capacity to Commit the Target Crimes
Article 220/1 of the Turkish Penal Code does not only require the number of people involved and the purpose of committing the crime; it also stipulates that the organization's structure, the number of its members, and its resources and equipment must be suitable .
This advantage is significant in terms of drug trafficking;
drug supply links, vehicles, warehouses, points of sale, communication channels, financing sources or distribution systems
This can be understood from concrete elements such as these.
However, it is not necessary for all of these to be present in every case.
The court must review the entire case file to determine whether an organized structure capable of consistently carrying out drug trafficking actually exists.
7. Division of Labor Within the Organization
The fact that different individuals assume different roles within drug trafficking structures is considered one of the most important pieces of evidence supporting the claim of organized crime.
For example;
a person obtaining drugs from abroad,
one person to organize the transportation,
providing storage space for one person
other people distributing drugs to street dealers,
collecting sales proceeds by other people
These can be indicators of organizational division of labor.
However, this division of labor must be demonstrated with concrete evidence, not just assumptions.
The 20th Criminal Chamber of the Supreme Court of Appeals found it unlawful to apply the increased penalty under Article 188/5 of the Turkish Penal Code in a case where there was no evidence that the defendant was part of the hierarchical structure of the organization or the division of labor within the organization, even though the person's actions were in complicity with other defendants.
This precedent is particularly important from a defense perspective.
The fact that a person has participated in drug trafficking does not necessarily mean that they are a member of a criminal organization or that they committed the drug offense as part of the organization's activities.
8. The Key Difference Between an Organization and an Affiliate
In criminal proceedings concerning allegations of organized crime, the primary issue to be examined is not whether the defendants acted together at the time of the crime, but rather whether there was a continuous organizational relationship between them.
In complicity, individuals may come together with the purpose of committing a specific crime.
In organized crime, the motive for committing crimes is more than just a single offense; it's a broader, more organized effort.
Because;
being in the same vehicle,
getting to know each other,
talking on the phone frequently,
living in the same neighborhood
being a defendant in the same drug case,
transferring money to each other
These facts alone do not prove the existence of an organization.
The connection between these activities and organizational hierarchy, continuity, and a shared criminal intent must be demonstrated with concrete evidence.
9. What does it mean for three or more people to work “together”?
For the application of the 50% increase in the penalty stipulated in the first part of Article 188/5 of the Turkish Penal Code, it is not sufficient for there to be only three defendants in the case.
Three or more people must participate in the commission of the crime as joint perpetrators.
The Supreme Court requires that one of the alternative actions in Article 188/3 of the Turkish Penal Code concerning the crime of drug trafficking be carried out jointly .
Indeed, the 20th Criminal Chamber of the Court of Cassation, in its review of various defendants, found it unlawful to apply the increased penalty under Article 188/5 of the Turkish Penal Code in cases where it was not proven beyond a reasonable doubt that three people acted together in specific actions.
In another Supreme Court decision, it was accepted that the condition of committing the crime with three people was met in a case where three perpetrators acted together in the same crime during the process of acquiring and delivering the drugs.
Therefore, it is not sufficient for a third party to be somehow connected to the crime; it must be determined in what capacity and with what specific actions they participated in the act of drug trafficking.
10. Can Telephone Conversations Be Considered Evidence of Organizational Relationships?
In drug investigations, allegations of organized crime are often based on telephone conversations obtained through intercepting, listening to, and recording communications.
Telephone conversations are undoubtedly important evidence. However, the mere existence of these conversations does not, by themselves, prove membership in an organization or drug trafficking.
The discussions;
content, frequency, parties involved, connection to crime dates, results of physical surveillance, and other material evidence
It should be evaluated together with other factors.
In a decision by the 20th Criminal Chamber of the Supreme Court of Appeals, it was accepted that there was insufficient, conclusive, and convincing evidence for conviction in a case where no narcotics were found on the defendant or in their residence, no connection could be established between the narcotics found on the other defendants, and only abstract telephone conversations were present.
This approach is quite important in terms of organized drug crime.
According to the fundamental principle of criminal justice, membership in or activity within an organization must be proven not by assumptions, but by evidence beyond any reasonable doubt
11. Drug Trafficking within the Scope of the Organization's Activities
The mere fact that the existence of a criminal organization has been established does not automatically mean that Article 188/5 of the Turkish Penal Code, which increases the penalty for organized crime, can be applied to every defendant.
It must be demonstrated that the concrete act of drug trafficking was actually committed within the framework of the organization's activities
For example, a person's social connection with a criminal organization or communication with some members of the organization does not automatically make every drug-related crime they commit an organized crime.
A concrete link must be established between the action and the organizational activity.
In a 2023 decision by the 10th Criminal Chamber of the Supreme Court of Appeals, it was found that applying Article 188/5 of the Turkish Penal Code was unlawful because there was insufficient evidence to prove that the defendant committed the drug trafficking crime within the framework of an organization established for the purpose of committing crimes.
Therefore, the investigating authority and the court must establish not only the existence of the organization but also the separate link between the defendant's drug trafficking activities and the organization's operations.
12. Can an additional penalty be imposed under Article 220 of the Turkish Penal Code?
One of the significant consequences of drug trafficking being carried out within the framework of organized crime is that the perpetrator is not only exempted from the increased penalty for drug trafficking under Article 188/5 of the Turkish Penal Code.
Article 220/4 of the Turkish Penal Code clearly states:
If crimes are committed within the scope of the organization's activities, the organization will also be sentenced for those crimes
It is organizing.
Therefore, if the conditions are met, for example, a person who is an organization leader;
On the one hand, under Article 220 of the Turkish Penal Code, for leading an organization,
On the other hand, within the scope of Article 188 of the Turkish Penal Code, engaging in drug trafficking as part of organized crime activities
Separate liability may arise.
Similarly, if certain conditions are met, a member of an organization may be assessed separately in terms of both membership in the organization and drug trafficking offenses within the scope of the organization's activities.
This situation makes the consequences of Article 188/5 of the Turkish Penal Code extremely severe.
13. Current Penalties under Article 220 of the Turkish Penal Code
With Law No. 7571 dated December 24, 2025, the penalties in Article 220 of the Turkish Penal Code were significantly increased. The amendment was published in the Official Gazette on December 25, 2025.
According to the current Turkish Penal Code Article 220/1, a person who establishes or leads an organization for the purpose of committing a crime imprisonment for 5 to 10 years, .
Regarding membership in an organization, Article 220/2 of the Turkish Penal Code a prison sentence of 2 to 5 years .
If the organization is armed, these penalties are further increased by half.
Therefore, in a case involving charges of organized drug trafficking, it is not sufficient to calculate the sentence solely based on Article 188 of the Turkish Penal Code.
The perpetrator's position within the organization should also be determined.
If the act was committed before December 25, 2025, a separate assessment of the more favorable law under Article 7 of the Turkish Penal Code should be made due to the subsequent increase in penalties.
14. Organization managers have broader responsibilities
Article 220 of the Turkish Penal Code also provides for a special system of responsibility for the leaders of an organization.
According to the law, organization leaders can be held responsible as perpetrators for crimes committed within the scope of the organization's activities under certain conditions. Article 220/5 of the current legislation also provides for an additional increase in the punishment for organization leaders if children are used as tools in crimes committed within the scope of the organization's activities.
In drug trafficking organizations, therefore, the distinction between "manager" and "member" is extremely important.
The person alleged to be the leader of the organization;
whether they gave instructions, whether they had decision-making authority, whether they managed the procurement and distribution of drugs, and whether they had hierarchical power over other individuals
This must be determined with concrete evidence.
Simply being older than the other defendants, making more frequent phone calls, or possessing some of the drugs is not sufficient grounds for admitting leadership of the organization.
15. Evidence of Organized Crime in Drug Trafficking Cases
In practice, when evaluating allegations of organized crime, courts examine numerous pieces of evidence together.
These include:
Communication records, physical surveillance reports, technical surveillance, locations where drugs were seized, vehicle movements, bank records, money transfers, financial relationships between suspects, undercover investigator operations, witness or other defendant statements, and digital materials
It is coming.
However, the evidence should be evaluated as a whole, not individually.
For example, the fact that two people have made hundreds of phone calls alone may not reveal an organizational hierarchy. However, the combination of these calls—such as them occurring before regular drug shipments, the vehicle movements being detected immediately after the calls, the drugs being taken to a designated warehouse, and the sales proceeds being transferred to the same person—can constitute much stronger evidence of an organization.
16. Are Abstract Defendant Statements Sufficient on Their Own?
In drug cases, the statements given by those arrested regarding other defendants are particularly important.
However, the veracity of another defendant's indictment needs to be investigated with supporting evidence.
The mere fact that a person's statement such as "I got the drugs from him," "he gave us the instructions," or "he was the head of the organization" is used as the sole basis for conviction without questioning can create problems in terms of the standards of evidence in criminal proceedings.
The reliability of the statement should be further evaluated, especially if the person making the statement has the intention of reducing their own sentence, expects to benefit from leniency, or harbors animosity towards other defendants.
Indeed, the general approach of the Supreme Court in drug cases is that the connection between the organization and drug trafficking must be established with conclusive and sufficient evidence that goes beyond reasonable doubt
17. How Much Does Increasing the Number of Organized Crimes Affect the Sentence?
According to Article 188/5 of the Turkish Penal Code, a one-fold increase in the sentence due to involvement in an organization results in the sentence being doubled.
For example, assuming that the basic prison sentence is set at 10 years under Article 188/3 of the Turkish Penal Code:
If three or more people commit the crime together, the penalty is increased by half, resulting in a sentence of 15 years.
If committed within the framework of organized crime activities, the sentence is increased by one fold, resulting in a 20-year term.
It will reach that level.
In addition, if the aggravating circumstances specified in Article 188/4 of the Turkish Penal Code are also present, the penalty may be further increased.
For example, in a case where the basic sentence is set at 10 years, the drug in question falls under Article 188/4-a of the Turkish Penal Code, and the crime was committed within the framework of organized crime, it is mathematically possible for the sentence to reach 30 years as a result of applying aggravating circumstances.
Article 61/7 of the Turkish Penal Code stipulates that, for crimes punishable by fixed-term imprisonment, the resulting sentence determined under these provisions cannot exceed 30 years .
Therefore, admission of membership in an organization can change a defendant's legal status in a drug trafficking case, resulting in a sentence not just a few years, but in some cases exceeding 10 years .
18. Organizational Increase and Adding Three Personnel Should Be Distinguishable
Article 188/5 of the Turkish Penal Code provides for two different aggravating circumstances within the same paragraph.
The less serious offense is when three or more people commit the crime together, while the more serious offense is when the crime is carried out within the framework of organized crime.
The purpose of this regulation is not to punish every three-person complicity as an organized group.
On the contrary, the fact that the legislator has determined two different increase rates shows that the distinction between complicity and organized crime was specifically intended to be preserved.
Therefore, if the court concludes that an organization exists;
who the organization consists of
its hierarchical structure
continuity
purpose crimes,
the defendant's position within the organization
the connection between concrete drug trafficking and organized crime activity
This should be stated in the reasoned decision.
19. How Should the Allegation of Organisation Be Approached from a Defense Perspective?
In organized drug trafficking charges, it is often insufficient for the defense to limit itself to a general objection such as "my client is not a member of the organization.".
Each element of the alleged organized crime group in the file needs to be examined individually.
First, the nature of the relationship between the defendants must be examined.
Is there a hierarchical relationship between them?
Who is giving instructions to whom?
By what evidence is the division of labor established?
How long has the relationship lasted?
Aside from drug trafficking, what other activities demonstrate the organization's continued existence?
What evidence is there that demonstrates the client's intention to join the organization?
What evidence proves that the specific act, deemed to be drug trafficking, was carried out within the scope of the organization's activities?
Each of these questions should be considered individually.
20. The Supreme Court's Approach to Organized Drug Crimes
When the Supreme Court's decisions regarding drug offenses are considered together, the fundamental approach is quite clear.
Having more than three defendants is not enough for the organization.
The organization's existence should be determined by its hierarchical structure and continuity.
The defendant's position within the organization must be clearly defined.
A connection must be established between drug trafficking and organized crime activity.
Abstract telephone conversations or unsupported statements should not be considered sufficient evidence on their own.
In terms of applying the aggravating circumstance of joint action by three people, it must be proven beyond a reasonable doubt that the individuals jointly participated in the commission of the specific crime.
In its 2018 rulings, the 20th Criminal Chamber of the Court of Cassation held that the application of Article 188/5 of the Turkish Penal Code, which increases the penalty for involvement in the hierarchical structure and internal division of labor of the organization, was a ground for reversal for defendants for whom their involvement could not be proven.
The 10th Criminal Chamber of the Court of Cassation, in its 2023 decision, also deemed the application of Article 188/5 of the Turkish Penal Code to be unlawful due to the lack of sufficient evidence to support the claim that drug trafficking was carried out within the framework of organized crime.
These precedents clearly demonstrate that organizational acceptance cannot be based on abstract assessments.
21. Standard of Proof for Conviction in Organized Drug Trafficking Offences
In criminal proceedings, conviction must be based on conclusive and convincing evidence, not probability.
This principle becomes even more important in organized drug crimes. Because the recognition of an organized crime group both increases the penalty under Article 188 of the Turkish Penal Code and can also lead to criminal liability under Article 220 of the Turkish Penal Code.
Therefore, the court can only;
"the defendants are in contact with"
“they acted together”,
“having numerous meetings”,
"drug trafficking is carried out in an organized manner"
It is not enough to simply use abstract expressions like these.
The reasons why this contact has an organizational nature need to be clearly explained.
Otherwise, there is a risk that the temporary complicity will be classified as organized crime, resulting in a much harsher sentence for the defendant.
22. Effective Repentance is Also Important in Organized Drug Crimes
Article 192 of the Turkish Penal Code contains provisions for effective repentance in drug trafficking offenses.
If a person involved in the manufacture or trafficking of narcotics informs the authorities about their accomplices and the locations where the drugs are stored or manufactured before the authorities become aware of the crime, and this information leads to the apprehension of the accomplices or the seizure of the drugs, then no punishment may be imposed.
Regarding assistance provided after the crime has been learned by official authorities, a reduction in sentence is possible if certain conditions are met.
In organized drug investigations, the quality of information provided, particularly regarding the uncovering of the organization's structure, the seizure of drugs, or the identification of other perpetrators, is crucial in assessing the effectiveness of the leniency provided.
However, whether or not the principle of effective repentance can be applied must be assessed separately for each defendant and each specific case.
Conclusion
Committing the crime of drug trafficking within the framework of organized crime is an aggravated offense under the Turkish Penal Code, carrying extremely severe consequences.
According to Article 188/5 of the Turkish Penal Code, if the crime of drug trafficking is committed jointly by three or more persons, the penalty is halved, and if it is committed within the framework of the activities of an organization established for the purpose of committing crimes, the penalty is doubled.
However, the fact that three or more people are involved in the same drug crime does not, in itself, prove the existence of a criminal organization.
According to Article 220 of the Turkish Penal Code, for a criminal organization to be considered as such, it must consist of at least three members, along with a hierarchical relationship among the members, continuity, a de facto unity around the purpose of committing crimes, and an organizational structure suitable for committing the intended crimes.
Furthermore, it is not sufficient for the defendant to merely have connections with individuals within the organization; it must also be proven beyond a reasonable doubt that the concrete act of drug trafficking was actually committed within the framework of the organization's activities.
The precedents set by the Supreme Court of Appeals particularly the need to maintain a distinction between organized crime and complicity . It may be unlawful to hold individuals responsible for organized drug trafficking solely on the basis of having committed the crime together with other defendants, if their participation in the hierarchical structure or division of labor of the organization cannot be proven.
On the other hand, if it is proven that the organization actually exists and that the drug trafficking was carried out within the scope of this organization's activities, the perpetrator risks not only a one-fold increase in punishment under Article 188/5 of the Turkish Penal Code, but also, depending on the conditions, additionally punished under Article 220 of the Turkish Penal Code for the crime of establishing, managing, or being a member of an organization .
Therefore, in legal assessments of organized drug trafficking cases, much more than just the number of defendants should be considered; hierarchy, continuity, organizational division of labor, the defendant's position within the organization, the connection of the act to the organization's activities, and the evidence revealing all of these should be examined separately.
In particular, since the application of Article 188/5 of the Turkish Penal Code can double the basic penalty for drug trafficking, the erroneous characterization of complicity as an organized crime group can lead to extremely serious and irreparable consequences for the defendant.
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