Social and Legal Effects of the Crime of Using Narcotic and Stimulant Substances

1. INTRODUCTION

Drug and stimulant use not only threatens the physical and mental health of the individual, but also poses serious threats to the integrity of the social structure, social peace, and public order. Modern criminal justice systems, when determining sanctions for drug use, prioritize the principles of reintegration into society, treatment, and rehabilitation, placing punishment as a secondary objective.

In Turkey, the crime of drug use is specifically regulated in Article 191 of the Turkish Penal Code No. 5237, which stipulates that instead of directly sentencing the perpetrator to imprisonment, treatment and probation measures should be applied . This approach aims to manage both the legal and social impacts of the crime in a holistic manner.

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2. ARTICLE 191 OF THE TURKISH PENAL CODE: DEFINITION AND PURPOSE OF THE CRIME

The definition of the crime under Article 191 of the Turkish Penal Code is as follows:

"Anyone who purchases, accepts, or possesses narcotic or stimulant substances for personal use shall be punished with imprisonment from two to five years."

However, the legislator does not see punishment as the first option here; instead, it emphasizes alternative methods aimed at treating the offender, keeping them under supervision, and reintegrating them into society

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3. SOCIAL IMPACTS

3.1. Damage to the Institution of the Family

Individuals who use drugs are often unable to fulfill their responsibilities, particularly within their nuclear families; trust in marital and child relationships is damaged, and psychological abuse increases. Children of drug-addicted parents experience effects such as academic failure, behavioral disorders, and social maladjustment.

3.2. Increased Workforce and Economic Loss

The labor force participation rates of individuals who use drugs decrease, and unemployment and loss of productivity create a significant economic cost. According to 2023 data from the Turkish Economic Policy Research Foundation (TEPAV), the loss of production and social security expenditures due to substance abuse reached approximately 8 billion TL annually.

3.3. Increase in Crime Rates

Individuals who use drugs are increasingly prone to engaging in secondary crimes such as property damage, theft, and robbery to obtain drugs over time. This situation undermines the perception of security not only on an individual level but also in society as a whole

3.4. Social Exclusion and Stigma

Drug users are often stigmatized by society as "criminals" or "morally depraved," making it difficult for them to access treatment and to social isolation . For individuals deprived of social support, recovery from addiction becomes even more challenging.

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4. LEGAL EFFECTS AND SANCTIONS

4.1. Postponement of the Commencement of Public Prosecution (Code of Criminal Procedure, Article 171/2)

For first-time offenders, the prosecutor's office to postpone the initiation of public prosecution for a period of five years . If no similar crime is committed within this period, no case will be opened. However, if a new crime is committed, the postponement decision is revoked and a case is opened.

4.2. Probation and Treatment Obligation (Turkish Penal Code Article 191/2-5)

If the court concludes that the defendant is a drug user:

• The court orders a one-year probationary period

• It will refer them for treatment if necessary.

If the defendant complies with the obligations, a decision of "no grounds for punishment" will be made.

4.3. Imprisonment and Suspension of Sentence

If the defendant fails to comply with the terms of probation or commits a new crime, the court shall sentence them to imprisonment for two to five years . However, this sentence may be suspended pursuant to Article 51 of the Turkish Penal Code .

5. INTERNATIONAL APPROACH AND HUMAN RIGHTS

The United Nations and the Council of Europe recommend health-based solutions rather than punitive measures in the fight against drug use. In the Başkaya/Turkey decision, the European Court of Human Rights stated that providing individuals with access to treatment for addiction is a requirement of the right to life and human dignity .

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6. PROPOSED SOLUTIONS AND THE NEED FOR REFORM

• AMATEM centers should be expanded nationwide, and access should be ensured, especially in smaller cities.

• Digital monitoring of the probation system should be increased, and the individual's treatment process should be recorded.

• Stigma should be reduced in public opinion, and drug use should be presented as a health problem, not a crime.

• Training programs for judicial personnel should be implemented to raise awareness about substance abuse, rehabilitation, and alternative sanctions.

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7. CONCLUSION

The crime of using narcotics and stimulants is not merely a matter of punishing an individual, but a multifaceted problem directly affecting public health, public order, and social justice. Therefore, focusing not only on the criminal aspects but also on rehabilitation and prevention strategies is of paramount importance.

Court precedents also show that the legal system is increasingly rehabilitation over punishment . Effective social support, monitoring, and treatment mechanisms enable healthier and more lasting solutions in the fight against drug use.