Drug-related offenses in Turkey are prosecuted with strict penalties under the Turkish Penal Code (TCK), especially Articles 188 to 192. These laws criminalize a wide range of narcotics-related actions, including possession, sale, transportation, manufacturing, and promotion of illegal substances. Turkish courts treat drug crimes as a threat to public health and security, and in most cases, prison sentences are imposed unless strong legal defenses or alternative sentencing strategies are applied.
At ER&GUN&ER Law Firm, we represent clients in all stages of drug crime investigations and prosecutions in Turkey, including criminal complaints, custody, interrogation, indictment, and courtroom defense. Our English Speaking Turkish Lawyers handle complex narcotics cases involving both domestic and foreign defendants. As the best lawyer firm in Turkey for drug crime defense, we deliver proactive legal solutions and strategic interventions to protect the rights and freedom of our clients.
Legal Definition of Drug Offenses Under Turkish Law
According to Article 188 of the Turkish Penal Code, the production, transportation, import, sale, and supply of illegal narcotic and psychotropic substances are classified as high-level felonies. In contrast, Article 191 criminalizes personal possession or use of drugs without intent to distribute. The law is structured to distinguish between large-scale traffickers and first-time users, though in practice, the distinction is not always clearly applied.
Our Turkish Law Firm often intervenes at the earliest stage of investigation to ensure that charges are not exaggerated and that legal classifications remain accurate—especially in cases where the amount of the substance or the circumstances of arrest do not warrant prosecution under Article 188.
Drug Possession vs. Drug Trafficking in Turkey
The most critical legal distinction in drug crime law in Turkey is between personal use and commercial intent. While possession for personal use (TCK 191) is punishable by up to 2 years of imprisonment—with options for suspended sentence, probation, or rehabilitation—drug trafficking (TCK 188) can lead to prison terms of 10 to 20 years and up to life imprisonment if aggravating factors are present.
Indicators of trafficking include:
- Quantity of drugs exceeding personal consumption levels
- Presence of scales, packaging, or weapons
- Suspect’s prior criminal record
- Text messages or call logs suggesting sale
Our English Speaking Turkish Lawyers contest these allegations by challenging the chain of evidence, analyzing procedural errors in arrest or search, and securing expert opinions on the amount and type of substance involved.
Penalties Under Turkish Drug Law: Article 188
Article 188 of the Turkish Penal Code imposes the following criminal penalties:
- For production and sale: 10 to 20 years in prison + heavy fine
- If committed within school zones, by public officials, or in organized fashion: sentence increased by 50%
- If the substance is heroin, cocaine, or synthetic: sentence increased further under aggravating clauses
- For inducing another person to use drugs: minimum 5 years of prison
Our Turkish Law Firm examines whether aggravating circumstances truly apply and prepares detailed defense petitions to seek sentence reduction or reclassification to TCK 191 where applicable.
Drug Use and Possession: Article 191 and Alternative Sentencing
Article 191 of the Turkish Penal Code regulates drug possession and use for personal consumption. Although still technically a criminal offense, the law allows for alternatives to imprisonment, particularly for first-time offenders. Options include:
- Postponement of prosecution for 5 years
- Mandatory participation in drug rehabilitation or therapy programs
- Judicial supervision (adli kontrol), such as travel bans or regular check-ins
- Conditional suspension of criminal record upon compliance
Our Turkish Law Firm regularly files petitions for alternative sentencing, especially for young or foreign defendants who unintentionally violate drug laws in Turkey while visiting or studying. We ensure proportional and humane outcomes based on medical assessments and social context.
Effective Remorse (Etkin Pişmanlık) in Drug Crimes
Effective remorse (etkin pişmanlık) is a legal mechanism available under Article 192, allowing individuals to receive reduced sentences—or complete immunity—if they cooperate with authorities. Specifically, if the defendant:
- Voluntarily provides information on suppliers or distribution networks
- Returns or identifies the source of the drugs
- Shows concrete effort to rehabilitate
In many drug crime cases in Turkey, cooperation may result in significant sentence mitigation or even the closure of the investigation. Our English Speaking Turkish Lawyers handle these negotiations with discretion, ensuring your rights are respected while benefiting from the law’s leniency mechanisms.
Rights of the Accused During Arrest and Trial
Under the Criminal Procedure Code (CMK), suspects arrested for drug-related offenses are entitled to legal representation from the moment of custody. Key rights include:
- Right to remain silent
- Right to a lawyer during interrogation
- Right to receive a copy of the case file
- Right to contest pre-trial detention before the Criminal Court of Peace
Our Turkish Law Firm ensures CMK rights are respected at every step, files release petitions where unjustified detention is applied, and initiates appeals if arrest warrants are based on weak or unlawful evidence.
How Are Foreign Nationals Prosecuted for Drug Offenses?
Foreigners in Turkey who are accused of drug crimes face additional challenges, including language barriers, immigration consequences, and risk of diplomatic tension. Key issues include:
- Immediate notification of the consulate or embassy
- Potential deportation following sentence or plea
- Need for court-appointed interpreter or bilingual defense team
- International data sharing regarding criminal record
Our English Speaking Turkish Lawyers provide full legal support to foreign nationals and coordinate with consular staff, immigration officials, and family members to ensure both due process and personal dignity are protected throughout the prosecution.
Internal Legal Resources
- Criminal Defense in Turkey
- Pre-Trial Detention Rights
- Suppression of Illegal Evidence
- Foreigners’ Rights Under Criminal Law
- Appeal Process in Criminal Cases
FAQ: Drug Crime Laws and Defense in Turkey
- Q1: What is the sentence for drug trafficking in Turkey?
Article 188 imposes 10–20 years for production or sale; longer for aggravating factors. - Q2: Can first-time users avoid prison?
Yes. Article 191 allows suspension, rehabilitation, and judicial control instead of jail. - Q3: What if drugs are found in my car or luggage?
Possession still applies. Our lawyers challenge knowledge and intent to reduce the charge. - Q4: Will a conviction affect my immigration status?
Yes. Foreigners may face deportation and future entry bans upon conviction. - Q5: Can I get bail if arrested?
We file for conditional release or alternative measures if risk of flight or evidence tampering is low. - Q6: Are prescription drugs treated the same?
If unprescribed or in high quantity, some medications may trigger charges under narcotics law. - Q7: Is plea bargaining allowed?
Not formally, but cooperation (etkin pişmanlık) often results in significant sentence reduction. - Q8: Can I access legal representation in English?
Yes. Our English Speaking Turkish Lawyers provide full defense and document access in English. - Q9: How long does a drug case last in Turkey?
Investigation may take 3–6 months; trials often last 1–2 years including appeal. - Q10: Can a Turkish Law Firm help immediately after arrest?
Absolutely. We respond 24/7 to criminal cases and ensure immediate legal protection.
Get Professional Defense Against Drug Charges with a Turkish Law Firm
Drug-related prosecutions in Turkey are complex, high-stakes legal matters that require not only criminal law expertise, but also strategic planning, procedural precision, and deep familiarity with the Turkish judiciary. Whether you are charged with personal possession or high-level trafficking, the right legal approach can significantly change the outcome of your case.
At ER&GUN&ER Law Firm, our English Speaking Turkish Lawyers defend individuals in all stages of drug-related cases—arrest, investigation, trial, and appeal. As the best lawyer firm in Turkey for narcotics defense, we combine criminal procedure knowledge with personal client advocacy to ensure your rights are preserved, your voice is heard, and your future is protected.