A drug crimes lawyer is a criminal law lawyer who provides legal support in investigations and criminal cases carried out due to drug or stimulant crimes. These files; It includes many technical stages such as capture, detention, search, seizure, statement, arrest and court process.
Digital evidence, communication records, search reports and forensic reports are of great importance in investigations regarding drug crimes in Istanbul. For this reason, correct legal support must be received from the beginning of the process for both the suspect/defendant and their relatives.
If other criminal files are on the agenda along with drug crimes, Istanbul criminal lawyer This topic may also attract your attention.
What are Drug Crimes?
Drug crimes are regulated as crimes against public health in the Turkish Penal Code. These crimes generally consist of the acts of manufacturing and trading drugs or stimulants, facilitating their use, and possessing drugs for use.
TCK Article 188 regulates the production and trade of drugs or stimulants, TCK Article 190 regulates facilitating the use of drugs, and TCK Article 191 regulates the acts of purchasing, accepting, possessing or using drugs for use.
What Does a Drug Crimes Lawyer Do?
The drug crimes lawyer examines the evidence in the file starting from the investigation stage, provides legal support to the testimony process and creates the defense strategy. Detention, arrest, judicial control, search and seizure procedures should be carefully evaluated in these files.
In addition, during the trial phase, the indictment, expert report, HTS records, camera records, criminal reports and witness statements are examined. Whether the file will be evaluated within the scope of TCK Article 188 or TCK Article 191 often directly affects the outcome of the case.
TCK 188 Drug Trafficking Crime
TCK Article 188 regulates acts such as manufacturing, importing, exporting, selling, offering for sale, giving to others, shipping, transporting, storing or possessing narcotic or stimulant substances. This article contains one of the most severe sanctions among drug crimes.
In the case of drug trafficking, the court evaluates all the evidence of the incident together. The way the substance was seized, communication records in the file, witness statements and search reports are important in this evaluation.
TCK 191 Possession of Drugs for Use
TCK Article 191 regulates the acts of purchasing, accepting, possessing or using narcotic or stimulant substances for use. This type of crime is different from drug dealing crime.
In evaluating the file within the scope of TCK Article 191, the person's intended use, the way the incident occurred and the evidence in the file are examined together. The distinction between possession for use and trafficking is one of the most important points in drug cases.
Difference Between TCK 188 and TCK 191
One of the most frequently discussed issues in drug files is whether the act is trade within the scope of TCK Article 188 or personal use within the scope of TCK Article 191. This distinction is of great importance in terms of the amount of the penalty and the trial process.
| Criterion | TCK 188 | TCK 191 |
|---|---|---|
| Nature of the crime | Drug trafficking or supply | possession or use for use |
| Sanction | Heavier punishment is foreseen | Different procedures and sanctions come to the fore |
| Evidence evaluation | Trading intent is investigated | Intended use is evaluated |
| Risk of arrest | is higher | Varies depending on file |
| trial court | Usually high criminal court | Usually criminal court of first instance |
Crime of Facilitating Drug Use
TCK Article 190 regulates acts that facilitate the use of drugs or stimulants. Although this type of crime is not a direct trafficking crime, it may include behaviors that support or facilitate drug use.
Claims such as providing a place, vehicle or opportunity for drug use can be evaluated in this context. Since the characteristics of each event are different, the file content should be examined in detail.
Detention Process in Drug Crimes
Investigations into drug crimes often begin with arrest and detention. At this stage, the suspect's statement, search report, seized items and law enforcement procedures are of great importance.
It is important to know your rights during the detention process and to give your statement with legal support. Especially mistakes made during the statement can affect the later stages of the file.
Arrest for Drug Crimes
The crime of drug trafficking is among the catalog crimes within the scope of CMK Article 100. For this reason, the risk of arrest may be higher in cases within the scope of TCK Article 188.
But arrest is not an automatic consequence. Court; It evaluates together the strong suspicion of crime, the suspicion of escape, the possibility of obfuscation of evidence, and whether judicial control measures will be sufficient.
Why Are Search and Seizure Procedures Important?
Search and seizure reports in drug files are among the basic evidence of the case. The decision on which the search was made, who was present and how the report was prepared should be carefully examined.
Illegal searches or incomplete records may have important consequences in terms of the evaluation of evidence. For this reason, law enforcement procedures should be checked in detail in the investigation file.
What Evidence is Used in Drug Files?
In drug crimes, evidence is not limited to the seized substance. Communication records, camera footage, witness statements, criminal reports and search reports are evaluated together in the file.
| Type of Evidence | Why is it important? |
|---|---|
| search report | It shows where and how the substance was seized. |
| criminal report | It determines the nature of the seized substance. |
| HTS records | It can be examined in terms of communication intensity and connections. |
| camera recordings | It may shed light on the way the event occurred. |
| Witness statements | It may support or refute the allegations in the file. |
| digital materials | It is important for phone, message and application records. |
| Statement minutes | Includes suspect and witness statements. |
Importance of Criminal Report
In drug crimes, it is determined by criminal investigation whether the seized substance is a narcotic or a stimulant. This report includes a technical assessment of the nature and quantity of the substance.
Evaluations to be made before the criminal report is in the file may be incomplete. Therefore, the content of the report, the sampling process and the chain preservation process should be carefully examined.
Evaluation of Digital Evidence
Phone reviews, messages, social media records and application contents may be important in drug files. However, digital evidence must be obtained in accordance with the law.
Who a message belongs to, on what date it was sent, and its context must be evaluated correctly.
Effective Repentance in Drug Crimes
Effective remorse provisions in drug crimes may come to the fore depending on the concrete incident. However, effective regret assessment is a highly technical issue and is not applied in every case.
For this reason, the person should get legal support about the scope and legal consequences of the file before acting on his own. Incorrect or incomplete statements may have negative consequences in the future.
Probation for Drug Crimes
Probation process may be brought to the agenda in cases of drug possession or use within the scope of TCK Article 191. It is important to comply with the obligations determined in this process.
Violation of obligations may result in a public lawsuit or a different course of action. For this reason, probation decisions should be followed carefully.
How Do Criminal Cases Proceed in Drug Crimes?
The process usually begins with arrest, detention, statement and prosecution investigation. If the prosecutor's office sees sufficient suspicion, it prepares an indictment and a lawsuit is filed.
The court in which the case will be heard varies depending on the type of crime. Files within the scope of TCK Article 188 are generally heard in the high criminal court, and files within the scope of TCK Article 191 are generally heard in the criminal court of first instance.
Why is Defense Important in Drug Crimes?
Drug crimes are technical files in terms of evidence evaluation. It must be determined accurately whether the act is trade, use, possession or another type of crime.
While preparing the defense, the entire file should be considered, not just the seized item. The search process, minutes, statement contents, digital evidence and criminal report should be evaluated together.
Drug Crimes Cases in Istanbul
Drug crimes files in Istanbul; These are files that need to be followed carefully due to the workload of investigation units, courthouses and courts. In terms of the European Side and Anatolian Side of Istanbul, it may vary depending on the courthouse, crime scene and investigation authority where the file is proceeding.
It is important to receive prompt legal support, especially during the detention and arrest phase.
Legal Support from Attorney Mehmet Emin Kurşun
Legal support in drug crimes is not just about attending the hearing. From the beginning of the investigation, the file must be examined, the evidence must be evaluated, and any illegalities must be identified.
Attorney Mehmet Emin Kurşun provides legal support in drug dealing, possession of drugs for use, probation, objection to arrest and criminal trial processes in Istanbul.
Things to Know Before Starting the Legal Process
Drug crimes are criminal cases that can have serious consequences. For this reason, it is important to evaluate the file from a legal perspective before giving a statement, signing a document or making a defense.
The way the evidence is collected, the nature of the crime, the possibility of arrest, the probation process and the court stage should be considered together. Getting fast and accurate legal support in an investigation carried out due to drug crimes in Istanbul reduces the risk of loss of rights.
Frequently Asked Questions
What does a drug crimes lawyer do?
Drug crimes lawyer; Provides legal support during detention, statement, arrest, investigation and criminal case processes. Examines the evidence in the file and creates the defense strategy.
Which article regulates drug trafficking?
The crime of manufacturing and trading narcotic or stimulant substances is regulated in Article 188 of the Turkish Penal Code.
Which article regulates the possession of drugs for use?
The crime of purchasing, accepting, possessing or using drugs or stimulants for use is regulated in Article 191 of the Turkish Penal Code.
What is the difference between TCK 188 and TCK 191?
TCK 188 regulates more serious acts such as drug trafficking or supply. TCK 191 covers the acts of possessing or using drugs with the intention of using them.
Is there any arrest for drug crimes?
There is a high risk of arrest, especially in cases involving drug trafficking allegations within the scope of TCK Article 188. However, arrest is not automatically applied in every case.
Is the search report important in drug files?
Yes. The search report shows where and how the substance was seized. The legality of the minutes is important for the defense.
Is probation applied for drug crimes?
Probation process may be brought to the agenda in cases of drug possession or use within the scope of TCK Article 191.
Is there effective remorse for drug crimes?
Depending on the concrete incident, effective regret provisions may come to the fore. However, since this issue is technical, an evaluation should be made on a case-by-case basis.
Which court has jurisdiction over drug crimes?
Files within the scope of TCK Article 188 are generally heard in the high criminal court. Files within the scope of TCK Article 191 are mostly evaluated in the criminal court of first instance.
Why is drug crime lawyer support important in Istanbul?
Drug crime cases in Istanbul generally involve intense investigation and court processes. Getting legal support during the detention, arrest, digital evidence and defense stages reduces the risk of loss of rights.
