What Are the Penalties for Drug Trafficking in Turkey Under TPC 188?

In Turkey, the crime of drug trafficking is regulated in Article 188 of the Turkish Penal Code. According to this regulation, this crime aims to protect public health and can be committed through alternative acts. The commission of any of the acts of manufacturing, importing, exporting, selling within the country, offering for sale, giving to others, dispatching, transporting, storing, purchasing, accepting, or possessing narcotic substances without a license or contrary to a license is sufficient for the crime to occur. The basic penalty for the crime is imprisonment for not less than 10 years and a judicial fine from 1,000 to 20,000 days; if the crime is committed through one of the acts of manufacturing, importing, or exporting—in other words, in cases of producing the drug, bringing it into Turkey from abroad, or taking it out of Turkey to a foreign country—the penalty is imprisonment from 20 to 30 years and a judicial fine from 2,000 to 20,000 days. Furthermore, in cases where drugs are sold or given to children in Turkey, the minimum limit of the sentence is set at 15 years.

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Turkey’s Drug Trafficking Laws Explained (TPC Art. 188)

Article 188 of the Turkish Penal Code regulates the crime of manufacturing and trafficking of narcotic or psychotropic substances and is as follows.

“Manufacturing and trafficking of narcotic or psychotropic substances

Article 188-

(1) A person who manufactures, imports, or exports narcotic or psychotropic substances without a license or contrary to a license shall be sentenced to a penalty of imprisonment from twenty years to thirty years and a judicial fine from two thousand days to twenty thousand days.

(2) Due to the act of exporting a narcotic or psychotropic substance being classified as importation in terms of the other country, the portion of the sentence served as a result of the prosecution in that country shall be deducted from the sentence imposed as a result of the prosecution in Turkey for the exportation of the narcotic or psychotropic substance.

(3) A person who sells, offers for sale, gives to others, dispatches, transports, stores, purchases, accepts, or possesses narcotic or psychotropic substances within the country without a license or contrary to a license shall be sentenced to a penalty of imprisonment for a term of not less than ten years and a judicial fine from one thousand days to twenty thousand days. (Additional sentence: 18/6/2014 – 6545/66 art.) However, in the event that the person to whom the narcotic or psychotropic substance is given or sold is a child, the prison sentence to be imposed on the person giving or selling shall not be less than fifteen years.

(4) (Amended: 27/3/2015-6638/11 art.) a) Where the narcotic or psychotropic substances specified in the preceding paragraphs are heroin, cocaine, morphine, basemorphine, synthetic cannabinoids and their derivatives, synthetic cathinones and their derivatives, synthetic opioids and their derivatives, or amphetamines and their derivatives,

1. b) Where the acts in the third paragraph are committed in public places or places open to the public within a distance of two hundred meters to the boundaries of buildings and facilities such as schools, dormitories, hospitals, military barracks, or places of worship, which are used for collective purposes such as treatment, education, military, and social activities, and their surrounding walls, wire fences, or similar obstacles or signs, if any, the penalty to be imposed shall be increased by one-half.

(5) (Amended: 18/6/2014 – 6545/66 art.) Where the crimes indicated in the preceding paragraphs are committed jointly by three or more persons, the penalty to be imposed shall be increased by one-half, and where they are committed within the framework of the activities of an organization established for the purpose of committing crimes, the penalty to be imposed shall be increased by one fold.

(6) The provisions of the preceding paragraphs shall also apply with respect to any substance whose production is subject to the permission of official authorities or whose sale is dependent on a prescription issued by a licensed physician, and which produces a narcotic or psychotropic effect. (Additional sentence: 29/6/2005 – 5377/22 art.) However, the penalty to be imposed may be reduced by up to one-half.

(7) A person who imports into the country, manufactures, sells, purchases, dispatches, transports, stores, or exports a substance which does not produce a narcotic or psychotropic effect but is used in the production of narcotic or psychotropic substances and whose import or manufacture is subject to the permission of official authorities, shall be sentenced to a penalty of imprisonment for a term of not less than eight years and a judicial fine from one thousand days to twenty thousand days.

(8) Where the crimes defined in this article are committed by a physician, dentist, pharmacist, chemist, veterinarian, health officer, laboratory technician, midwife, nurse, dental technician, orderly, healthcare provider, or a person engaged in chemistry or the pharmaceutical trade, the penalty to be imposed shall be increased by one-half.”

Under the law article given above, the acts of manufacturing and trafficking of narcotic and psychotropic substances are subjected to severe sanctions in Turkey due to the harm they cause to individual health, as well as the harm and degeneration they cause to the health and values of society as a whole.

Elements of the Crime of Manufacturing and Trafficking of Narcotic or Psychotropic Substances in Turkey

In Turkey, the crime of manufacturing and trafficking of narcotic or psychotropic substances is one of the serious crimes that requires a comprehensive evaluation in terms of both material and mental elements. The elements of the crime are handled within a broad framework, from the perpetrator to the victim, from the subject of the crime to its mental dimensions.

The Material Element of the Crime of Manufacturing or Trafficking of Narcotic or Psychotropic Substances

The Subject in the Crime of Manufacturing and Trafficking of Narcotic and Psychotropic Substances

The subject of this crime consists of narcotic and psychotropic substances. These can be of a natural quality as well as synthetic or artificial. Pursuant to TPC Article 188/4-a, if the subject of the crime is “heroin, cocaine, morphine, basemorphine, synthetic cannabinoids and their derivatives, synthetic cathinones and their derivatives, synthetic opioids and their derivatives, or amphetamines and their derivatives,” the penalty to be imposed is increased by one-half. Furthermore, in TPC Article 188/7, if “a substance which is used in the production of narcotic or psychotropic substances and whose import or manufacture is subject to the permission of official authorities” is the subject of the crime, a sanction of imprisonment for not less than eight years and a judicial fine from one thousand to twenty thousand days is stipulated.

The Perpetrator in the Crime of Manufacturing or Trafficking of Narcotic or Psychotropic Substances

This crime can be committed by any person and is not considered a specific offense in Turkey. However, Article 188/8 of the TPC increases the penalty by one-half if the crime is committed by specialists in the fields of health and chemistry, such as doctors, pharmacists, or chemists. Additionally, if the crime is committed by legal entities, special security measures for legal entities are applied in accordance with TPC Article 189.

The Act in the Crime of Manufacturing or Trafficking of Narcotic or Psychotropic Substances

In the crime of manufacturing and trafficking of narcotic substances, TPC Articles 188/1 and 188/3 regulate multiple alternative acts together. While TPC Article 188/1 lists the manufacturing, importing, and exporting of the narcotic substance as alternative acts, Article 188/3 regulates the acts of selling, offering for sale, giving to others, dispatching, transporting, storing, purchasing, accepting, and possessing within the country.

The Mental Element of the Crime of Manufacturing or Trafficking of Narcotic or Psychotropic Substances

The crime of trafficking of narcotic or psychotropic substances is a crime that can only be committed intentionally, and it is possible for the perpetrator to commit this act with direct intent or probable intent. This crime differs in terms of mental elements from the crimes of “purchasing, accepting, and possessing narcotic or psychotropic substances for use” regulated by TPC Article 191. Here, the perpetrator’s purpose determines the mental element of the crime, which directly affects which article the judgment will be based on.

What are the Penalties for Manufacturing and Trafficking of Narcotic or Psychotropic Substances (Drugs) in Turkey?

Article 188 of the Turkish Penal Code regulates the trafficking of narcotic or psychotropic substances and determines criminal sanctions based on the manner in which the crime is committed, the number of perpetrators, the location of the crime, and the type of substance used. The unlicensed or illicit production, importation, or exportation of substances requires 20-30 years of imprisonment and a heavy judicial fine, while the sale, storage, or possession of these substances within Turkey results in a prison sentence of at least 10 years. Penalties for drug offenses involving children are even more severe. Penalties are increased if the crime is committed near educational, health, military, or religious buildings, while synthetic substances and organized crimes further elevate the penalty. Synthetic drugs like methamphetamine pose a special danger and are among the aggravating factors.

Aggravating Factors in the Manufacturing and Trafficking of Narcotic and Psychotropic Substances in Turkey

When examining the aggravating circumstances of the crime of drug trafficking in Turkey, the most striking situation is that if the person to whom the narcotic or psychotropic substance is given or sold is a child, the sentence cannot be less than fifteen years. Additionally, if the narcotic substances are of specific types such as heroin, cocaine, morphine, synthetic cannabinoids and their derivatives, or basemorphine, the penalty is increased by one-half. However, punishment can only be based on the substances explicitly stated in the law, which imposes a certain limitation in practice. In addition, if the crime is committed in areas used for social and educational purposes such as schools, dormitories, hospitals, military barracks, or places of worship, and within a 200-meter radius around them, the penalty will be increased by one-half. If it is committed jointly by three or more persons or within the framework of an organization established for the purpose of committing a crime, the penalty is increased by one more fold.

Mitigating Factors in the Manufacturing and Trafficking of Narcotic and Psychotropic Substances in Turkey

The mitigating factors for the crime of trafficking of narcotic and psychotropic substances are stated in Article 188/7, which indicates that penalties related to substances whose production is subject to the permission of official authorities or whose sale depends on a prescription issued by a licensed physician may be reduced by up to one-half. However, this reduction is entirely at the discretion of the judge and may vary in each concrete case.

Effective Repentance in the Crime of Trafficking of Narcotic or Psychotropic Substances in Turkey (TPC 192)

While Turkish Penal Code Article 188 determines the criminal sanctions for the crimes of trafficking of narcotic and psychotropic substances, it also regulates the situation of repentance for the perpetrators. Effective repentance can be applied if the offender, after the commission of the crime, helps to ensure justice with the information they provide about the crime. However, for this situation to result in consequences such as a sentence reduction or impunity, certain conditions must be met.

Effective Repentance That Can Be a Reason for Impunity

According to TPC Article 192/1, if a person involved in the crimes of manufacturing and trafficking of narcotic and psychotropic substances provides information about accomplices and the locations where the narcotic or psychotropic substances are stored before the official authorities learn about the crime, and this information helps in the capture of the accomplices or the seizure of the substances, no penalty is imposed. To benefit from this type of effective repentance, the following conditions must be met:

• The perpetrator must have participated in the crimes of manufacturing and trafficking of narcotic or psychotropic substances in TPC Article 188,
• The accomplices and the locations where the narcotic or psychotropic substances are stored must be reported to the official authorities.
• This notification must be made before the judicial authorities learn of the commission of the crime.
• Thanks to the notification, the accomplices are captured or the narcotic substances are seized.

When all these conditions are met, the perpetrator is not punished.

Effective Repentance as a Reason for Sentence Reduction

According to TPC Article 192/3, if a person voluntarily provides information about the crimes of trafficking of narcotic and psychotropic substances or contributes to the emergence of the crime and the capture of other accomplices, the sentence imposed may be reduced from one-fourth to one-half, depending on the nature of the assistance. Drug Trafficking and

Effective Repentance Sentence Reduction

Effective repentance is also an important mechanism for providing a sentence reduction. While according to TPC Article 192/1, no penalty is imposed on the perpetrator, if a contribution is made to the disclosure of the crime in line with the information provided under Article 192/3, a reduction in the sentence can be made. This reduction rate can be from one-fourth to one-half of the sentence imposed on the perpetrator.

Statute of Limitation Periods for the Crime of Manufacturing and Trafficking of Narcotic and Psychotropic Substances

According to Article 66 of the Turkish Penal Code, drug trafficking crimes, in “crimes requiring a prison sentence of not less than twenty years, are dropped with the passage of twenty years.” Since the crime of drug trafficking is punished with “imprisonment from twenty years to thirty years and a judicial fine from two thousand days to twenty thousand days,” if a lawsuit is not filed for this crime, the criminal liability will be subject to the statute of limitations after 20 years.

Legal Processes of the Crime of Trafficking of Narcotic or Psychotropic Substances in Turkey

The crime of manufacturing and trafficking of narcotic or psychotropic substances, due to its nature, falls within the jurisdiction of the heavy penal court, and its investigation is conducted directly by the Public Prosecutor. For the prosecution of the three types of crimes included under TPC Article 188, there is no need to wait for the victim’s complaint; these crimes are among those that are prosecuted ex officio. In other words, the commission of the crime ensures that such cases are automatically investigated. For the purpose of protecting social security and order, the detention of persons suspected of being a perpetrator or accomplice in serious crimes such as drug trafficking is possible in accordance with the provision of Article 91/4-b.7 of the Code of Criminal Procedure.

Foreigners Committing Drug Offenses in Turkey

As the use of synthetic or natural drugs is not legal in Turkey, if a foreigner who is in Turkey or is entering or leaving Turkey is found to possess drugs such as cannabis, which may be legal in their country, or possesses them in an amount exceeding the accepted limit for personal use in Turkey, a deportation order may be issued against the foreigner. In this case, an entry ban to Turkey with the G-42 restriction code may also be imposed on the foreigner. A foreigner against whom criminal proceedings are initiated due to a drug offense may likely face both criminal and administrative measures such as deportation and an entry ban to Turkey. Furthermore, the residence and work permits of foreigners who are in Turkey and have a residence permit, work permit, or whose citizenship application is pending may be canceled, and their citizenship applications may also be rejected.

Turkish Court of Cassation Decisions on the Crime of Trafficking of Narcotic or Psychotropic Substances

Penal Chamber 2024/8635 E. , 2024/9087 K. “on the day of the incident, when the defendant, who tried to flee upon seeing the officers, was caught, a total of 2.54 grams gross / 0.7 grams net of heroin, 1 precision scale considered to be used for weighing narcotic substances, and 29 pieces of paper considered to be used for packaging narcotic substances were seized from his person; considering the quality and nature of the seized substances, the manner of concealment-packaging (the packaging and concealment style of the narcotic substances not indicating possession for personal use), the presence of methamphetamine and heroin residues on the 1 seized precision scale, the defendant’s statement that he carried the precision scale to weigh the drugs he bought for his own use being contrary to the ordinary course of life, the defendant’s records of similar crimes found in the UYAP query, and all the investigation documents prepared within the scope of the file, it is understood that the defendant committed the crime of Trafficking or Supplying Narcotic or Psychotropic Substances attributed to him by “possessing” the narcotic substance seized from him for commercial purposes, knowing these characteristics; it was decided to convict the defendant by ruling for his punishment in accordance with Articles 188/3, 188/4-a of the TPC, and the judgment was established as follows.”

10th Penal Chamber 2019/410 E. , 2019/5566 K. “Considering that the defendant’s fingerprints were identified more than once on the packages in which the narcotic substances seized on 27/10/2017 and 30/10/2017 were wrapped, and according to the file’s scope, it is established that the defendant committed the alleged crime, however, since the defendant was not caught at the scene in either incident, it is possible that he committed the alternative acts of selling, giving to others, dispatching, transporting, and packaging, which fall under Article 188/3 of the TPC, all at once; therefore, acting in favor of the defendant, a conviction should have been ruled under Article 188/3 of the TPC without applying the provisions of chain of offenses, but he was acquitted with justifications inconsistent with the file’s content, Unlawful, the appeal objections of the Public Prosecutor are therefore justified, the judgment is to be REVERSED, It was decided unanimously on 16/09/2019 that the file be sent to the …6th Heavy Penal Court, and a copy of the decision be sent to the …Regional Court of Justice 5th Penal Chamber, to be delivered to the Chief Public Prosecutor’s Office of the Court of Cassation.”

Frequently Asked Questions

In Turkey, how is it decided whether the drugs on my person are for personal use or for sale? What exactly is the quantity limit?

There is no law or rule in Turkey that specifies a definite amount that distinguishes between personal use and trafficking of drugs. In each specific case, the amount of drugs is determined by taking into account various criteria, such as whether they are ready for sale in separate packages, whether they are found together with items such as precision scales and packaging materials used for sale.

Is there an official list of all narcotic and psychotropic substances considered illegal in Turkey? Could my prescription medication that is legal in my own country (for example, a strong painkiller or an ADHD medication) cause problems here?

The basic legislation on this subject in Turkey is Law No. 2313 on the Control of Narcotic Drugs. In addition, Turkey is a party to the Single Convention on Narcotic Drugs of 1961 and the Convention on Psychotropic Substances of 1971. A foreigner wishing to enter Turkey with prescription medication must have a valid prescription for narcotic substances such as opioids (morphine, fentanyl, pethidine/Aldolan) listed on the Red Prescription List or psychotropic substances such as certain benzodiazepines (diazepam, alprazolam/Xanax), stimulants (methylphenidate/Ritalin), and some sedatives without a valid prescription will be considered a criminal offence.

What are the rights of a foreigner arrested for drug trafficking in Turkey?

Every foreigner who is detained or arrested in Turkey has the same rights as Turkish citizens, such as the right to remain silent, to notify their relatives, and to seek legal assistance. In addition, in the event of detention or arrest, foreigners have the right to seek the assistance of an interpreter and to notify their country’s diplomatic mission of their situation.

I committed a drug offense in Turkey. Will I be automatically deported and issued an entry ban?

In case of drug offence, criminal court doe not apply automatically the deprotation or entry ban decisions. But they are a standard and highly likely administrative consequence managed by a separate government agency.

I was deported issued an entry ban to Turkey due to a drug offense, what should I do?

A foreign national deported for drug offences is most likely to be subject to an entry ban to Turkey under code G-42. However, definitive information can be obtained through an immigration lawyer in Turkey. Pre-approved or annotated visas-like applications to overcome G-coded entry bans to Turkey are largely ineffective. A cancellation lawsuit can be filed in an administrative court to lift the G-42 coded entry ban to Turkey.

I received a prison sentence for a drug offense. Do I have to serve this sentence in a Turkish prison, or can I be transferred to my home country?

The basic rule is that foreigners who commit crimes in Turkey must serve their sentences in Turkey. If you are convicted of a drug offence in Turkey and sent to prison, you can apply to serve your sentence in your home country. Although this does not guarantee a right to do so, it is possible to be transferred to your home country upon your request and with the approval of both Turkey and your home country. Before preparing your request for transfer to your home country’s prison, we recommend that you contact both your Consulate and an experienced criminal law attorney specialising in foreign national law in Turkey for guidance and support.

I have been convicted of a drug offense or my case is ongoing. Will my citizenship application be affected by this?

The Turkish Citizenship Law No. 5901 stipulates as a general rule that a foreigner who wishes to acquire Turkish citizenship must not pose a threat to public order and public health. Turkish authorities determine whether such a threat exists through archive research. Archival Investigation includes your finalised criminal convictions, ongoing cases, and administrative decisions such as previous deportation orders or entry bans to Turkey. However, such archival investigation must be conducted in accordance with the law and reflect the truth.

If your Turkish citizenship application has been rejected because of a drug offense, it is possible to file a lawsuit for its cancellation. As your citizenship lawyer in Turkey, we can provide you with effective support in lawsuits for the cancellation of Turkish citizenship application rejections.

I have been convicted of a drug offense or my case is ongoing. Will my residence permit be affected by this?

According to Law No. 6458 on Foreigners and International Protection, the general rule for granting, extending, or even maintaining residence permits in Turkey is that the foreign applicant must not pose a threat to public safety and public order. Therefore, if you are convicted of a drug offence, your residence permit application or residence permit renewal application will be rejected, or your current residence permit will be terminated.

If your Turkish residence permit application has been rejected because of a drug offense, it is possible to file a lawsuit for its cancellation. As your immigration lawyer in Turkey, we can provide you with effective support in lawsuits for the cancellation of residence permit application or renewal rejections.

I have been convicted of a drug offense or my case is ongoing. Will my work permit be affected by this?

Under the Law on International Workforce No. 6735, if a foreigner poses a threat to public order, public security, or public health, their work permit application will be rejected and their current work permit will be terminated. If your Turkish work permit application has been rejected because of a drug offense, it is possible to file a lawsuit for its cancellation. As your immigration lawyer in Turkey, we can provide you with effective support in lawsuits for the cancellation of work permit application, termination or renewal rejections.