The "Amount" Criterion in Drug Possession

Doğan N., Arslan Z., Türkmen Z.

5th Regional TIAFT Meeting, Diyarbakır, Türkiye, 9 - 11 Ekim 2024, ss.2, (Özet Bildiri)

  • Yayın Türü: Bildiri / Özet Bildiri
  • Basıldığı Şehir: Diyarbakır
  • Basıldığı Ülke: Türkiye
  • Sayfa Sayıları: ss.2
  • İstanbul Üniversitesi-Cerrahpaşa Adresli: Evet

Özet

The Amount Criterion in Drug Possession

 

Nisan Doğan1, Zeynep ARSLAN2, Zeynep TURKMEN2

 

1Istanbul University-Cerrahpaşa, The Institute of Forensic Sciences and Legal Medicine, Department of Social Science, Istanbul, Türkiye

2Istanbul University-Cerrahpaşa, The Institute of Forensic Sciences and Legal Medicine, Department of Science, Istanbul, Türkiye

 

Abstract

Drug possession and trafficking is not only a major public health problem but also has significant social and economic problems. Despite greater efforts, drug abuse persists worldwide due to several factors, including urbanization, population growth, social and environmental pressures, and increased internet access and use. Drug traffickers, who illegally produce and/or buy and sell drugs for the current purpose, in a crime that requires organization, such as "production and trafficking of drugs", which carries the most severe sanctions. For this reason, it is often observed in court records of drug offenses that dealers claim to be users in order to avoid these severe sanctions. The role of the courts in the determination of the purpose of possession is quite complex, as it requires an understanding of the offender's intent. This situation shows us that two articles in Turkish law (TCK No. 5237, articles 188 and 191) have not been able to be drawn with clear lines. However, when the decisions of the Court of Cassation in the Turkish legal system are examined, it is seen that the most important criterion to be used in determining the purpose of the use is 'amount'. This criterion may be affected by various factors such as the type of substance, its properties, etc. 

 

This study aims to examine the amount of criterion in some decisions regarding the four main classical illicit substances (Cannabis, heroin, ecstasy, cocaine) commonly found in Turkish courts in order to identify the conditions that play an important role in determining the intent to possess drugs.

 

Keywords: Cannabis, heroin, ecstasy, cocaine, drug crimes, personal possession crime, drug

trafficking crime