Drug trafficking offenses are among the most serious offenses regulated under Turkish criminal law. Article 188 of the Turkish Penal Code (“TCK”) covers a broad range of conduct involving narcotic or psychotropic substances, including manufacturing, importing, exporting, selling, supplying, transporting, storing, purchasing and possessing drugs for commercial purposes.
For this reason, a drug trafficking investigation in Turkey cannot be assessed only by looking at the type or quantity of the substance seized. The exact conduct attributed to the suspect, the purpose for which the substance was possessed or transported, the available evidence and, in international cases, the route and intended destination may all affect the legal classification of the offense.
Drug trafficking investigations in Istanbul frequently involve foreign nationals. Cases may begin with an arrest at Istanbul Airport or Sabiha Gökçen Airport, but they may also arise from police investigations, searches of residences or vehicles, intercepted communications, financial transactions or statements given by other suspects.
At Tasdogen & Partners, our criminal defence practice includes representation in investigations and criminal proceedings concerning drug trafficking offenses under Article 188 of the Turkish Penal Code.
The expression “drug trafficking” is commonly used in English as a general description. Article 188, however, does not regulate only the sale of drugs. It establishes a number of separate acts that may constitute the offence of manufacturing or trafficking in narcotic or psychotropic substances.
The legal consequences therefore depend first on identifying the specific act alleged by the prosecution.
Under Article 188/1, unlawfully manufacturing, importing or exporting narcotic or psychotropic substances is punishable by 20 to 30 years’ imprisonment, together with a judicial fine.
Article 188/3 regulates conduct occurring within Turkey. It covers unlawfully:
selling drugs,
offering them for sale,
supplying them to another person,
dispatching or transporting them,
storing them,
purchasing them,
accepting them, or
possessing them for purposes falling within the scope of drug trafficking.
The basic prison sentence under Article 188/3 is not less than ten years, in addition to a judicial fine. If drugs are sold or supplied to a child, the imprisonment imposed on the person selling or supplying the substance cannot be less than fifteen years.
This distinction between different forms of conduct is important. A person accused of physically carrying a substance, for example, should not automatically be treated in the same way as a person alleged to have manufactured, imported or sold it. The facts of the individual case determine which provision applies.
Article 188/1 of the Turkish Penal Code provides a prison sentence of 20 to 30 years for the unlawful importation of narcotic or psychotropic substances. Transportation of drugs within the scope of Article 188/3, however, is subject to a different sentencing framework, with a minimum prison sentence of 10 years.
This distinction can therefore have a major effect on the sentence. In an appropriate case, the correct classification of the conduct as transportation rather than importation may result in a substantially lower prison sentence, potentially reducing the sentence to approximately half of what might otherwise be imposed for drug importation.
The distinction is particularly important for international passengers travelling through Turkey. The physical entry of a substance into Turkish territory does not, by itself, resolve whether the conduct legally constitutes importation. The intended destination of the drugs, the travel route, baggage and flight records, the statements of the accused and the other evidence in the case must be examined together.
This issue arises frequently in cases involving transit passengers at Istanbul Airport and requires a separate assessment under Turkish criminal law and Court of Cassation case law.
For a detailed analysis, see our article Drug Importation and Transit Passengers in Turkey – Article 188.
One of the most important distinctions in Turkish drug law is between drug trafficking under Article 188 and possession or acquisition of drugs for personal use under Article 191.
The distinction cannot normally be made by looking at a single factor.
Relevant factors may include the nature and quantity of the substance, the manner in which it was packaged and stored, the circumstances in which it was discovered, the existence of scales or packaging materials, communications with third parties, evidence of sales or supply, and other evidence showing the purpose for which the substance was possessed.
The quantity of drugs is therefore an important factor, but it should not necessarily be treated as the sole criterion. The evidence must be assessed as a whole in order to determine whether the substance was possessed for personal use or for commercial purposes.
This distinction can radically change the legal position of the accused. Article 188 carries very severe penalties, while personal possession or use is regulated separately under Article 191.
For a more detailed discussion, see our article Drug Possession in Turkey – Article 191.
Article 188 also contains circumstances that increase the sentence.
Under Article 188/4, the sentence is increased by one half where the substance is one of the specifically listed drugs or drug categories. The current provision includes heroin, cocaine, morphine, base morphine, synthetic cannabinoids and their derivatives, synthetic cathinones and their derivatives, synthetic opioids and their derivatives, and amphetamine and its derivatives.
The same paragraph provides for an increased sentence for certain acts under Article 188/3 when committed in public or publicly accessible places within 200 metres of specified facilities such as schools, dormitories, hospitals, military facilities and places of worship.
The identity or profession of the accused may also affect the sentence. Article 188/8 provides for a one-half increase where the offense is committed by certain healthcare professionals or persons engaged in specified health, chemical or pharmaceutical professions.
These provisions make it important to identify the applicable subsection of Article 188 before assessing the potential sentencing consequences of a particular case.
A further increase applies where the offence is committed jointly by several people or within the activities of a criminal organisation.
Under Article 188/5, where an offense regulated by Article 188 is committed jointly by three or more persons, the sentence is increased by one half. Where the offense is committed within the activities of an organisation established for the purpose of committing crimes, the sentence is increased by one fold.
However, the existence of several suspects does not automatically establish the existence of a criminal organisation.
Whether the requirements of Turkish criminal organisation law are satisfied must be examined separately. The structure of the alleged group, continuity, hierarchy, coordination and the evidence connecting each individual suspect to that structure may become significant.
Where an investigation also contains allegations under Article 220 of the Turkish Penal Code, the drug trafficking allegation and the alleged organisational structure must therefore be analysed separately.
For a detailed discussion, see our article Organized Crime in Turkey – TCK Article 220.
Article 188 is not limited to substances commonly understood as illegal street drugs.
Article 188/6 also applies to substances whose production requires official permission or whose sale requires a prescription, where those substances produce narcotic or psychotropic effects. The provision allows the sentence to be reduced by up to one half in such cases.
This may create legal issues for foreign nationals travelling to Turkey with prescription medication that is lawfully obtained in another country but subject to different controls under Turkish law.
The precise substance, medical documentation, prescription, quantity and purpose of possession must therefore be examined before conclusions are drawn.
For further information, see our article Prescription Drugs and Article 188/6 of the Turkish Penal Code.
Drug trafficking cases are rarely determined by the seized substance alone.
Depending on the nature of the investigation, the prosecution file may contain:
forensic laboratory reports,
search and seizure records,
CCTV footage,
airport and baggage records,
flight reservations and travel history,
mobile phones and other digital evidence,
messages and call records,
bank transfers and other financial records,
witness statements,
statements from co-suspects,
surveillance records, and
controlled purchases or police operations.
The evidential significance of each item depends on the allegation being made.
For example, communications may establish contact between two people without necessarily proving the subject or purpose of their relationship. A financial transaction may have an explanation unrelated to the alleged offence. The presence of another person’s contact details on a mobile phone does not itself establish participation in drug trafficking.
The defence must therefore examine not only what evidence exists, but also what that evidence actually proves in relation to the individual accused.
This becomes particularly important in investigations involving several suspects, where evidence concerning one individual may appear in the same investigation file as evidence relating to others.
Searches of luggage, vehicles, residences and workplaces are common in drug investigations. Mobile phones and other electronic devices may also become important sources of evidence.
A criminal defence lawyer should examine how the evidence was obtained, whether the relevant procedural requirements were followed and whether the conclusions drawn from the evidence are supported by the complete case file.
Digital evidence must also be considered in its proper context.
Individual messages, photographs or contacts should not be assessed in isolation where the complete conversation or surrounding circumstances may alter their meaning.
In complex investigations, the timing of communications, travel records, financial information and the movements of the accused may need to be examined together in order to understand the evidential picture as a whole.
Because of the seriousness of Article 188 allegations and the penalties involved, detention is a central issue in many drug trafficking investigations.
A person arrested in Istanbul may initially be taken into police, gendarmerie or customs custody. The investigation is conducted under the authority of the public prosecutor. Depending on the evidence and the prosecutor’s assessment, the suspect may later be released, placed under judicial control or referred to the competent criminal judgeship with a request for pre-trial detention.
Drug trafficking under Article 188 is among the offenses specifically addressed within the detention framework of the Turkish Criminal Procedure Code.
Nevertheless, detention is a procedural measure and not a finding of guilt. The seriousness of an allegation does not remove the requirement to examine the evidence and the legal conditions for detention in the individual case.
A detention decision may also be challenged through the procedures available under Turkish criminal procedure.
For further information, see our article Challenging Pre-Trial Detention in Turkey: Objections to Detention Orders and Judicial Control Measures
.
Drug trafficking investigations involving foreign nationals may create practical difficulties in addition to the criminal allegations themselves.
The accused may not speak Turkish, may have no family members in Turkey and may be unfamiliar with the Turkish criminal justice system. Family members abroad may not know where the person is being held or how to obtain information about the investigation.
Issues may include:
access to a criminal defence lawyer,
interpretation during statements and hearings,
communication with family members,
consular contact where applicable,
obtaining and examining the investigation file,
prison visits,
powers of attorney,
immigration consequences,
travel restrictions, and
communication with lawyers or family members abroad.
A foreign national is entitled to defend the case under the criminal procedure applicable in Turkey, and language barriers should not prevent the accused from understanding the allegations or participating effectively in the proceedings.
For further information, see our articles Rights of Foreign Nationals in Turkish Criminal Proceedings and Travel Bans in Turkey.
Airport cases frequently require immediate legal assessment.
A person may be stopped following a customs inspection, baggage search, intelligence notification or another law-enforcement operation. The investigation may concern drugs discovered in checked baggage, hand luggage, cargo or on the person of a passenger.
The first hours of the investigation can be significant because the authorities may obtain statements, identify travel routes, examine travel documents and seize digital devices.
For foreign nationals in particular, it is important that the accused understands both the allegation and the questions being asked before providing a substantive statement.
Our office provides criminal defence assistance in investigations arising at Istanbul Airport and Sabiha Gökçen Airport, including representation during police, customs and prosecutor proceedings and subsequent detention proceedings.
For further information, see our article Airport Criminal Defence Lawyer in Istanbul.
A suspect’s first statement may become an important part of the criminal file.
This is particularly sensitive where the suspect is arrested unexpectedly, has travelled for many hours, does not speak Turkish or is dependent on an interpreter to understand the proceedings.
Before giving a statement, the defence should understand the allegation and, to the extent procedurally possible at that stage, the evidence on which it is based.
The purpose of legal assistance is not simply to attend the interview. It is to ensure that the accused understands the allegation, that procedural rights are respected and that a defence position is not created on the basis of misunderstandings, incomplete information or translation problems.
Drug trafficking cases under Article 188 often turn on the precise legal meaning of the accused person’s conduct rather than simply on the fact that narcotic substances were seized.
The defence must therefore begin by identifying exactly what the prosecution alleges. Depending on the case, the central question may be whether the accused knew about the drugs, whether the substance was intended for personal use or commercial purposes, whether the accused participated in transportation or sale, or whether an international movement of drugs legally constitutes importation into Turkey.
In cases involving several suspects, it is also necessary to distinguish the evidence relating to each individual. The existence of communications, financial transfers, common travel arrangements or contact between suspects does not automatically establish participation in the same criminal act or membership in a criminal organisation.
A proper defence may require the examination of forensic reports, search and seizure records, digital evidence, telephone communications, financial transactions, CCTV footage, flight and baggage records, statements of co-defendants and the chronological development of the investigation.
The purpose of this analysis is not only to challenge evidence where appropriate, but also to determine whether the prosecution has correctly classified the alleged conduct under Article 188.
Tasdogen & Partners represents clients at all stages of drug trafficking investigations and criminal proceedings in Istanbul.
Legal assistance may begin immediately following an arrest and continue through police or customs procedures, statements before the public prosecutor, detention hearings, investigation-file review, preparation of written defence submissions, trial before the Heavy Criminal Court and subsequent appellate proceedings.
In cases involving foreign nationals, our lawyers communicate directly with clients in English at a professional working level throughout the representation. Our work may also include prison visits, communication with family members and foreign counsel, coordination concerning powers of attorney and assistance with the practical issues arising from detention and criminal proceedings in Turkey.
The penalty depends on the specific conduct.
Manufacturing, importing or exporting narcotic or psychotropic substances under Article 188/1 carries 20 to 30 years’ imprisonment and a judicial fine.
Domestic acts regulated under Article 188/3, including selling, supplying, transporting and commercial possession, carry at least ten years’ imprisonment and a judicial fine.
Aggravating circumstances may substantially increase these penalties.
No automatic conclusion can be reached solely because the substance physically entered Turkish territory.
International transportation and importation are separate legal concepts requiring analysis of the specific facts. In transit cases, the route, destination, purpose and evidence concerning the movement of the drugs may be important.
For a detailed analysis, see our article Drug Importation and Transit Passengers in Turkey – Article 188.
The principal distinction is the purpose for which the substance was acquired or possessed.
The quantity of the substance may be relevant, but it is not necessarily decisive on its own. Packaging, storage, communications, evidence of sales or supply, scales, financial records and the other circumstances of the case may also need to be assessed.
Yes. Legal assistance at the early stages may include communication with the authorities, attendance during statements, examination of the legal basis of the accusation and representation during subsequent prosecutor and detention proceedings.
Because of the penalties prescribed for offenses under Article 188, prosecutions for drug trafficking are heard before the Heavy Criminal Courts (Ağır Ceza Mahkemeleri).
An accusation under Article 188 can involve very different factual situations, from street-level supply to international transportation, airport seizures, prescription substances and investigations involving several suspects.
For this reason, the starting point of the defence should be the precise conduct attributed to the accused and the evidence supporting that allegation.
In international cases, questions concerning importation, transportation and transit should be examined separately. Where drugs are merely possessed, the distinction between commercial possession under Article 188 and personal use under Article 191 may be decisive. Where several suspects are involved, allegations of organised criminal activity require an additional and independent legal assessment.
Tasdogen & Partners represents Turkish and foreign clients in drug trafficking investigations and criminal proceedings in Istanbul, from the initial investigation and detention stages through trial and appellate review.
Each case must be assessed individually on the basis of the investigation file, the evidence and the particular provision of Turkish criminal law alleged to apply.
Talha Taşdöğen
Attorney at Law
For further information on specific issues relating to drug offences and criminal proceedings in Turkey, see:
Drug Importation and Transit Passengers in Turkey – Article 188
Prescription Drugs and Article 188/6 of the Turkish Penal Code