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In Turkey, almost all drugs are considered illegal and there is no legislation that allows the medical use of any non-pharmaceutical drugs. The main legislation and the provisions concerning illegal drugs are set forth at the Turkish Penal Code No. As noted above, drug possession for personal use is regulated under Article of the Turkish Penal Code. According to subparagraph 1 of this Article , anyone who purchases, accepts, or possess illegal drugs for personal use shall be sentenced to prison from 2 years up to 5 years. One of the most common arguments against such severe punishment, especially from foreigners, is that foreigners visiting Turkey are not aware that their actions constitute crimes and should therefore be exempt from these provisions. Although this punishment seems severe, especially when compared to provisions applicable in Europe and the United States, this is nevertheless the applicable law in Turkey, and claiming that the offender did not know the law and therefore did not intend to commit the crime is not an adequate defense in such a situation. This is quite important, as the law states that all public prosecutions must be postponed for all charges regarding drug possession as per Article , provided that the suspect does not have any priors from similar offenses. According to the title, this article gives a discretionary power to prosecutors to decide whether to proceed with a public prosecution, subject to certain rules and requirements. Accordingly, the prosecutors may not shall decide to drop all charges and decline to commence a public prosecution under certain conditions. The mechanism provided for drug possession charges is a mandatory mechanism that the prosecutors are required to use, whereas the general mechanism set forth the Criminal Procedure Code is an optional one, left to the discretion of the prosecutor. This probation period can be much longer in practice and in certain cases it can extended for the entire five-year postponement duration, depending on the specifics of the case and the suspects. Several different probationary measures may be applicable to suspects, again depending on the specifics of the case. The probation mechanism and probationary measures are governed by the Criminal Procedure Code and the Regulation Regarding Probation Services. It is important for the suspect to adhere to this notice and appear before the directorate within the given time, as failure to do so may be deemed as grounds to revoke the probation and postponement decision, and a public prosecution may be commenced by the prosecutor against the suspect. The program may include regular checks, which may require the suspect to appear before the directorate in pre-determined time intervals for example once a week, or once every two weeks , periodic urine samples, rehabilitation and counseling services where the suspects are required to attend classes or are required to appear before counselors etc. Since the postponement decision is not issued by a competent court but rather is directly issued by the prosecutors, there are no court hearings or a judicial process before such decision is issued as the law sets forth this decision as a mandatory decision that must be issued by the prosecutors. Due to this mandatory mechanism, it is generally not possible for suspects to argue their innocence before such postponement decision is issued. Therefore, suspects who believe that they are wrongly accused or who do not want a postponement decision for any reason, should file for an objection against the postponement decision before the competent courts. The problem with an objection filing is that it arises from the same Article of the Criminal Procedure Code, which refers to Article for objections against postponement decisions. However, the referred Article only provides a right of objection only to the victim of the crime and only in cases where the prosecutor decides that the case does not merit a public prosecution and drops all charges. It does not provide a right of objection to the suspect where a postponement decision is issued. This is therefore a complicated issue and courts have issued conflicting decisions regarding the right of objection of the suspect. As mentioned above, it is important for the suspects to adhere to the notices to appear before the directorate within the given time, as failure to do so may be deemed as grounds to revoke the probation and postponement decision. It is also extremely important for suspects to strictly adhere to the assignments and probation measures issued by the directorate, as any failure to do so may be result in the revoking of the postponement decision and the suspects may face actual jail time following the commencement of a public prosecution. It is therefore imperative that persons who are on probation to adhere to these rules strictly, and in case they are unable to keep an appointment date due to a justifiable reason, they should immediately notify the directorate regarding their current situation. The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances. Mondaq uses cookies on this website. 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Drug Possession And Criminal Penalties In Turkey

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