Article 188 of the Turkish Penal Code (TPC)
Article 188 of the Turkish Penal Code (TPC): Drug Manufacturing and Trafficking
1. What Is Article 188 of the TPC?
Article 188 of the Turkish Penal Code (TPC) regulates crimes related to the production, trafficking, and transportation of narcotic or stimulant substances.
Crimes under this article are subject to severe penalties as they pose a significant threat to public health.
Drug trafficking offenses under TPC 188 are distinct from personal drug use offenses under TPC 191, with the former carrying much heavier penalties.
2. Criminal Acts Defined Under TPC 188
Article 188 defines the following acts as drug-related crimes:
| Type of Crime | Description | Penalty Duration |
|---|---|---|
| Drug Manufacturing | Producing synthetic or natural narcotic substances | 20 years to life imprisonment |
| Drug Trafficking | Selling or distributing drugs | 10 to 30 years in prison |
| Drug Transportation | Transporting drugs domestically or internationally | 10 to 20 years in prison |
| Providing, Selling, Receiving, or Possessing Drugs | Supplying or purchasing drugs for distribution | 5 to 15 years in prison |
| Organized Drug Crimes | Manufacturing or trafficking drugs within a criminal organization | 15 years to life imprisonment |
For example, a person caught in possession of 1 kg of cocaine for trafficking purposes may receive at least 10 years in prison.
3. Aggravating Factors in TPC 188 Sentences
In certain cases, penalties under Article 188 may be increased based on specific aggravating factors.
✅ Factors That Increase Penalties:
- If drugs are sold near schools, hospitals, or military zones (Penalty increased by 50%).
- If the drug trade is conducted as part of an organized crime group (Minimum 15 years in prison).
- If the drugs are sold to minors (under 18 years old) (Penalty enhancement applies).
- If the drug production or trafficking is international (Penalty may include life imprisonment).
For example, if someone sells drugs to high school students near a school, their sentence could increase by 50%, leading to a minimum of 15 years in prison.
4. Judicial Process and Evidence in TPC 188 Cases
Drug trafficking crimes are tried in High Criminal Courts (Ağır Ceza Mahkemesi).
???? Main types of evidence used to prove drug crimes:
- Drugs seized by law enforcement during searches and operations
- Wiretaps and surveillance records
- Witness or informant testimonies
- Bank transactions and communication records of the suspect
However, all evidence must be obtained lawfully. If drugs are found during an illegal search, the evidence may be deemed inadmissible in court.
5. Sentence Reductions and Effective Remorse in TPC 188 Cases
Defendants charged under TPC 188 may be eligible for sentence reductions or exemptions under certain conditions.
✅ Situations Where Sentence Reduction Applies:
- If the defendant cooperates with law enforcement after committing the crime, their sentence may be reduced.
- If a person in possession of drugs voluntarily surrenders them to authorities, they may receive a lesser penalty.
- If the defendant provides information about a drug network or organization, they may benefit from effective remorse laws.
For example, if a suspect helps police identify other drug traffickers and their locations, their sentence may be reduced by half.
6. Difference Between TPC 188 and TPC 191
In drug-related cases, TPC 188 (Drug Trafficking) and TPC 191 (Personal Use Possession) are distinct offenses.
| Legal Scope | TPC 188 (Drug Trafficking) | TPC 191 (Personal Use Possession) |
|---|---|---|
| Intent | Selling or distributing drugs | Possessing drugs for personal use |
| Penalty | 10 years to life imprisonment | 2 to 5 years in prison (often subject to probation) |
| Court | High Criminal Court | Criminal Court of First Instance |
For example, a person caught with 5 grams of cannabis may be charged with personal use (TPC 191), while possession of 500 grams may lead to drug trafficking charges under TPC 188.
7. Conclusion
Article 188 of the Turkish Penal Code regulates the production and trafficking of narcotic and stimulant substances and imposes severe penalties.
- Drug production, trafficking, and transportation carry at least 10 years of imprisonment.
- Certain aggravating factors (selling near schools, organized crime involvement) lead to harsher penalties.
- Unlike personal drug possession (TPC 191), TPC 188 defendants face significantly heavier sentences.
Thus, proper legal representation and adherence to procedural fairness are essential in drug-related trials
