Supreme Court Benchmarks in Drug Manufacturing and Trafficking Crimes
- Av. Mehmet Okan Eleman
- Sep 4
- 3 min read
The crime of manufacturing and trafficking drugs is regulated in Article 188 of the Turkish Penal Code No. 5237. This type of crime, considered among the most serious crimes that threaten public safety and peace, is punishable by long-term sentences.
To assess the actions of those accused of this crime within the scope of "manufacture and trafficking of narcotics," the Court of Cassation has established important criteria and distinctions in determining and classifying the crime. These criteria and distinctions are crucial for both determining the type of crime and determining the penalty, and for enabling those prosecuted for this crime to formulate their defenses.
Amount of Narcotic Substance
The quantity of drugs seized is a key criterion in determining the nature of the crime. However, quantity alone is not decisive ; it must be considered in conjunction with other evidence. According to the Forensic Medicine Institute's opinions, for example, the daily use of cannabis is limited to 1-1.5 grams, consumed three times a day. However, the Supreme Court of Appeals has acknowledged that an amount sufficient for several months of personal use can also be considered personal use.
"... when the average daily dose for a person (0.02 grams x 5 doses) is accepted as 0.1 grams, it is understood that the net 6.5 grams of heroin seized corresponds to 65 days of use . This situation, however, is not sufficient to prove that the defendant, who was apprehended on his way home after purchasing the amount of heroin he would need for several months, was in possession of more than he could personally use and consume. In other words, considering the amount of heroin seized, it has not been proven that the possession was for a purpose other than personal use. There is insufficient evidence to prove that the defendant's action, which manifested as the possession of 6.5 grams of heroin , was carried out for a purpose other than use, the existing suspicion regarding the characterization of the act has not been renewed, and therefore, the defendant's action should be considered possession of narcotics for use ."...
Supreme Court CGK 2020/104 E., 2022/444 K.
Manner of Possession of Narcotic Substances and Purpose of Trafficking
One of the most important factors required in the crime of manufacturing and trafficking in narcotics is commercial intent. The first-instance court conducts the necessary investigation into whether the accused person's actions were for commercial purposes.
For example, the presence of a drug in small, equal-weight packages ready for sale, along with the presence of precision scales or other sales equipment, indicates a commercial purpose. Established Supreme Court precedents consider the meticulous preparation of a drug in small packages to be strong evidence that the defendant intended to sell the drug .
"...The presence of narcotics in numerous and carefully prepared small packages, the fact that each package contained the same amount of narcotics as a result of precise weighing , the presence of sensitive scales and packaging materials at or near the place where the narcotics were seized , will be significant indicators that the narcotics were possessed for a purpose other than use..."
Supreme Court of Appeals CGK. 2012/1335 E. 2013/423 K.
Where the Drugs Are Kept
Keeping drugs in easily accessible locations, such as homes and workplaces, is generally considered a sign of personal use, while hiding them in secret or private areas, such as warehouses or plots of land, is considered a sign of commercial use. In some Supreme Court precedents, the presence of drugs in an easily accessible location in the defendant's home is considered significant evidence of personal use.
Behavior of the Perpetrator:
Even if all the criteria listed above point to the crime of "drug manufacturing and trafficking," the most important issue is determining whether the perpetrator has any behavior toward selling, transferring, or supplying drugs (telephone calls, witness statements, physical surveillance reports, etc.) .
If the perpetrator's behavior of selling, transferring or supplying drugs to someone else cannot be concretely determined, it will not be possible to punish him for this crime.
Conclusion
The Court of Cassation's jurisprudence regarding the crime of manufacturing and trafficking drugs is critical for accurately characterizing the crime and ensuring a fair trial. Criteria such as the quantity of the drug, its manner of possession, its location, and the perpetrator's behavior play a decisive role in court decisions. These criteria are accepted both in doctrine and in practice, demonstrating that each case must be evaluated on its own merits. Court of Cassation decisions, particularly when determining whether the crime is trafficking or personal use, mandate a holistic and legally sound evaluation of evidence.
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