21 Mar Buying, Accepting, or Possessing Drugs For Use, or Using Drugs or Stimulants
Article 191 –
(1) a person who buys, accepts or holds drugs or stimulants for use, or uses drugs or stimulants, shall be punished by imprisonment from two to five years. (FIRST INSTANCE CRIMINAL CONVICTION.)
(2) in the investigation initiated due to this crime, it is decided to postpone the opening of a public case for five years without seeking the conditions in Article 171 of the Criminal Procedure Code dated 4/12/2004 and numbered 5271. In this case, the public prosecutor warns the suspect of the consequences that may arise from his or her view if he or she does not comply with the obligations imposed on him or violates the prohibitions during the postponement period.
(3) a probation measure shall be applied to the suspect for a minimum period of one year during the postponement period. This period can be extended for a maximum of one year with three-month periods by the decision of the public prosecutor. A person who has been given a probation measure may be subjected to treatment during the probation period if necessary.
(4) the person, during the postponement period;
a) insist on not acting in accordance with the obligations imposed on it or the requirements of the treatment applied,
b) purchase, acceptance or possession of drugs or stimulants for reuse,
c) use of drugs or stimulants,
in case, a public lawsuit is filed against him.
(5) the purchase, acceptance or possession of drugs or stimulants for use again during the postponement period, or the use of drugs or stimulants, is considered a cause of violation in accordance with paragraph four and is not the subject of a separate investigation and prosecution.
(6) after the opening of a public case in accordance with the fourth paragraph, a decision on postponing the opening of a public case in accordance with the second paragraph may not be made in investigations filed for the alleged re-committing of the crime defined in the first paragraph.
(7) if the suspect does not violate the obligations specified in the fourth paragraph during the postponement period and does not violate the prohibitions, it is decided that there is no room for prosecution.
(8) Of This Act;
a) manufacture and trade of drugs or stimulants defined in Article 188,
b) facilitate the use of drugs or stimulants defined in Article 190 Pearl,
at the stage of the prosecution for his crime, if it is understood that the crime falls exclusively within the scope of this article, it is decided to withdraw the disclosure of the provision against the defendant in accordance with the provisions of this article.
(9) in cases where there is no contrary regulation in this article, the provisions of Article 171 of the Criminal Procedure Code on the postponement of the opening of a public case or article 231 on the withdrawal of the disclosure of the provision shall apply.
(ADDED CLAUSE RGT: 04.04.2015 RG NO: 29316 LAW NO: 6638/12)
(10) if the verbs in the first paragraph are processed in public or public places within a distance of two hundred meters to the boundaries determined by the perimeter wall, wire mesh or similar obstacles or signs, such as schools, dormitories, hospitals, barracks or places of worship, as well as buildings and facilities that are massed for treatment, education, military and social purposes, if any, the penalty shall be increased by half.
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