THE JUDICIAL PROCESS FOR THE CRIME OF DRUG USE

1. INTRODUCTION

Drug use is a phenomenon that restricts individual freedoms and simultaneously threatens public health and social order. Therefore, as in many legal systems, Turkish Criminal Law regulates drug use with criminal sanctions. However, the legislator, rather than solely focusing on punishment for such crimes, has prioritized methods of reintegration into society, treatment, and supervision.

This study will examine the judicial process , practical aspects, Supreme Court decisions, and the strengths and weaknesses of the current system for the crime of "purchasing, accepting, or possessing narcotic or stimulant substances for personal use," as defined in Article 191 of the Turkish Penal Code.

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2. LEGAL REGULATION: ARTICLE 191 OF THE TURKISH PENAL CODE

Article 191 of the Turkish Penal Code No. 5237 targets individuals who come into contact with drugs for the purpose of personal use:

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

However, before the perpetrator is directly sentenced to imprisonment, various alternative solutions (such as postponement of public prosecution, probation, and treatment) are provided within the criminal procedure law.

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3. INVESTIGATION PHASE

3.1. Law Enforcement Intervention and Detention

Drug use is often detected as a result of general searches, tip-offs, or operations conducted by law enforcement. Individuals caught with even small amounts of drugs on their person or in their belongings arrest and detention procedures.

3.2. Detection of the Narcotic Substance

The Forensic Medicine Institute or criminal laboratories determine in a report whether the seized substance is a stimulant or a narcotic . This determination is essential in proving the material element of the crime

3.3. Prosecutor's Assessment and KDAE

According to Article 171/2 of the Code of Criminal Procedure (CMK), a decision may be made to postpone the initiation of public prosecution against the suspect. In this case:

• No public prosecution will be initiated against the perpetrator for a period of five years

• A one-year probationary period will be imposed.

• If no new crime is committed and the obligations are fulfilled by the end of the period, the case will be closed.

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4. PROSECUTION STAGE (FILING A LAWSUIT)

If the suspect fails to comply with the terms of their probation or is caught using drugs again within the specified period, the prosecutor will initiate a public prosecution.

4.1. Court Stage

When a lawsuit is filed, the trial is conducted in the Criminal Court of First Instance. During the hearing;

• The defendant's statement is heard.

• Law enforcement records and forensic reports are examined.

• Witnesses will be heard if necessary.

• An AMATEM (Addiction Treatment Center) report may be requested to determine the defendant's level of addiction .

4.2. Whether Obligations Have Been Fulfilled

If the defendant has previously been placed on probation, the court requests a report from the Probation Directorate regarding whether the defendant has complied with the obligations. If non-compliance is found, a sentence is imposed.

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5. DECISION-MAKING STAGE

5.1. Decision that There Is No Grounds for Imposing a Penalty

According to Article 191/5 of the Turkish Penal Code, if the defendant has acted in accordance with their obligations, that there is no need to impose a penalty .

5.2. Conviction Decision (Imprisonment Sentence)

If the defendant fails to comply with the obligations or is a repeat offender, they will be sentenced to imprisonment for a period of 2 to 5 years.

5.3. Suspension of Sentence / HAGB

If the court deems it appropriate:

• The sentence can be suspended in accordance with Article 51 of the Turkish Penal Code (a probation period will be determined).

• Or, a suspended sentence (HAGB) .

These decisions are preferred, especially for first-time offenders, those who express remorse, and those without a criminal record.

6. CRITICISM OF THE JUDICIAL PROCESS AND CURRENT ISSUES

6.1. Difficulty Accessing Treatment Facilities

The absence of AMATEM (Addiction Treatment Centers) or similar health institutions in some regions makes it difficult for courts to direct patients to treatment.

6.2. Weak Monitoring of Probation

Because the defendant's obligations during the probation process are not sufficiently strictly monitored by the probation directorates, a genuine remedial effect cannot be achieved.

6.3. Different Approaches in Judicial Proceedings

Some courts severely punish the crime of drug use, while others allow it entirely. This undermines the principle of legal predictability.

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7. PROPOSED SOLUTIONS

• The number of AMATEM centers should be increasedand they should be made accessible in every city.

• The digitalization of the probation system should make it easier to monitor obligations.

• Judicial personnel training on substance abuse .

• Legal deadlines and measures should be implemented more effectively, and the KDAE system should not be abused.

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8. CONCLUSION

The judicial process for drug use offenses deviates from the classic line of criminal justice, becoming a special procedure that places greater emphasis on rehabilitative and recovery measures. Courts conducting trials under Article 191 of the Turkish Penal Code are obligated to consider the individual's will, social conditions, and rehabilitation potential.

When the judicial process is well managed, it is possible to achieve multifaceted goals, not only the punishment of the individual but also the protection of society, the improvement of public health, and the prevention of recidivism.