This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Uyuşturucu Kullanma: Denetimli Serbestlik Süreci.
The difference between possession of narcotics for personal use (Article 191 of the Criminal Code) and trafficking (Article 188) is enormous in its consequences. For possession for personal use the prosecutor as a rule first orders deferral of the bringing of a prosecution, and the person is placed under probation supervision. Comply with the obligations and no prosecution follows; breach them and one does.
There are two separate worlds in drug offences: possession for personal use and trafficking. The gap between them, in sentence and in procedure, is very wide.
This article explains how the process under Article 191 works, the probation obligations, and how the two offences are distinguished.
Possession for Personal Use
Article 191 punishes a person who buys, accepts or possesses narcotic or stimulant substances for personal use, or who uses them.
But the Act lays down a special procedure for this offence: the prosecutor orders deferral of the bringing of a prosecution for five years.
That decision does not depend on the suspect asking for it; where the conditions are met the prosecutor makes it. During the deferral period the suspect is subject to the following:
- Probation supervision for at least one year, extendable by the prosecutor in three-month periods for up to a further year.
- Treatment where it is considered necessary.
If, during the deferral period, the person does not breach the obligations and does not infringe the prohibitions, a decision not to prosecute is given.
The Probation Obligations
- attending the probation directorate to sign on at set days and times
- taking part in guidance and psychosocial support programmes
- continuing with a treatment programme where required
- undergoing the tests and analyses requested
What happens on breach? Where the person persists in not complying with the obligations imposed on them or with the requirements of the treatment during the deferral period, a prosecution is brought.
A prosecution also follows where the offence of buying, accepting or possessing narcotics for personal use, or using them, is committed again during the deferral period.
Keeping to the signing obligation, attending when called and continuing with the programmes is therefore critical. In practice most files turn into prosecutions not because of anything about the merits but because of non-attendance.
Possession or Trafficking?
Trafficking under Article 188 carries a far heavier sentence, and the deferral procedure does not apply to it.
The criteria used in practice to distinguish the two:
- Quantity. An amount beyond the limits of personal use may indicate trafficking.
- How it was held. In a single piece, or in small packets ready for sale?
- What else was found. Precision scales, packaging materials, multiple telephone lines.
- Where and in what circumstances it was held.
- Whether the person is dependent. Treatment records and medical reports matter here.
Because this distinction decides the fate of the file, it is the first focus of any defence. Medical records of dependency and a history of treatment support the case for personal use.
| Possession for personal use (Art. 191) | Trafficking (Art. 188) | |
|---|---|---|
| Procedure | Deferral of prosecution for five years | Ordinary prosecution |
| Probation | At least 1 year, extendable by up to 1 more | Not applicable |
| Outcome if complied with | A decision not to prosecute | — |
| Outcome on breach | A prosecution is brought | — |
| Sentence | Considerably lower | Considerably higher |
| Indicators | Quantity consistent with personal use; dependency | Packaging for sale, scales, quantity |
Deferral is ordered by the prosecutor where the conditions are met; it does not depend on the suspect requesting it.
Active Remorse
Article 192 provides for active remorse in drug offences, and it can change the outcome substantially:
- A person who reports the other participants and the place where the substance is hidden or produced, to the authorities, before the authorities become aware of the offence, is not punished.
- A person who uses narcotics and seeks treatment from the authorities before an investigation begins is not punished for the offence of use.
That second limb matters in practice: a person who applies for treatment on their own initiative, before any investigation, is in an entirely different position from one who is caught.
Where prosecution is deferred, what ends the deferral is usually not a fresh offence but missed signing days and unattended programmes. Notify the directorate in advance and in writing of any illness, shift change or travel, and keep proof — an explanation offered afterwards is rarely accepted.
Frequently Asked Questions
Will I be prosecuted for possession for personal use?
Not immediately. The prosecutor orders deferral of the bringing of a prosecution for five years, with probation supervision of at least one year. If the obligations are complied with, a decision not to prosecute is given.
What are the probation obligations?
Signing on at the probation directorate at set times, attending guidance and psychosocial support programmes, continuing any treatment required, and undergoing tests when asked.
What happens if I miss appointments?
Persistent non-compliance ends the deferral and a prosecution is brought. Committing the offence again during the deferral period has the same effect.
How is possession distinguished from trafficking?
By quantity, how the substance was packaged, what else was found (scales, packaging, multiple phone lines), the circumstances, and whether the person is dependent.
Does seeking treatment help?
Yes. Under Article 192 a person who applies to the authorities for treatment before an investigation begins is not punished for the offence of use.