08 Jul THE STAGE OF INVESTIGATION AND PROSECUTION IN THE DRUG TRADE
THE INVESTIGATION STAGE
Since the crime and punishment for drug trafficking is not a type of crime subject to complaint, it is a crime that is being pursued personally, the prosecutor’s office initiates the investigation phase upon notification or spontaneously. After the prosecutor has received information about the commission of the crime, he will begin to investigate and collect evidence against and in favor of the suspect in this investigation. If the prosecutor reaches sufficient evidence as a result of his investigation, he will file an indictment and file a lawsuit; otherwise, he will make a decision that there is no room for prosecution (non-prosecution). In order for the prosecutor to issue an indictment, it is necessary to have sufficient suspicion that the crime was committed. The main reason for seeking sufficient suspicion conditions is to ensure that people are prevented from being prosecuted unnecessarily.
If the prosecutor believes that there is sufficient evidence, he will file an indictment. Otherwise, he will decide that there is no room for prosecution. Among the people, this decision is also called a Decisionless decision. In order for the prosecutor to issue an indictment, there must be sufficient suspicion that the crime was committed. The reason why such a suspicion requirement is stipulated is that the workload of the judiciary is not increased by unnecessary lawsuits and people are not prosecuted unnecessarily.
THE STAGE OF PROSECUTION
After the completion of the investigation stage by issuing an indictment and filing a public case, the existence of a criminal case is now mentioned and the prosecution stage has been passed. In other words, the prosecution phase begins with the acceptance or acceptance of the indictment. Different stages can be mentioned in the prosecution; trial preparation, trial, sentence and legal path are among these stages. After the completion of the investigation, the stage of prosecution for the crime of algebra will be carried out, and at the end of the prosecution stage, the final punishment to be given to the perpetrator will be determined.
Criminal courts will be in charge at the prosecution stage. The prosecution phase is the final stage. At the end of the prosecution phase, the punishment to be given to the perpetrator is decided. If the defendant is found not guilty, his acquittal will be decided. In order to be acquitted of a drug trafficking crime, all the details of the file must be carefully examined.
DETENTION AND DETENTION
A detention decision is a decision made by the prosecutor’s decision that provides for a temporary restriction of the suspect’s freedom by the police or the gendarmerie. A judge’s decision is not sought for a detention order. Detention begins at the moment when a person’s freedom is limited. Therefore, in fact, the detention period begins as soon as the suspect is apprehended. 91 of the Code of Criminal Procedure. there are regulations on detention in the article. According to the relevant article, the period of detention may not exceed 24 hours from the moment of capture. Detention depends on the fact that this measure is mandatory in the direction of the investigation and the presence of concrete evidence indicating the suspicion that the person has committed a crime. According to this regulation contained in the Code of Criminal Procedure, a suspect may be detained by a decision made by the Public prosecutor in a crime of manufacturing and trafficking drugs or stimulants.
The arrest decision is regulated as the most severe protection measure in the Code of Criminal Procedure. An arrest warrant is also a temporary measure of protection, as is a detention order. CMK’s 100th. if there is concrete evidence indicating the existence of a strong suspicion of a crime and a reason for arrest in the article, an arrest decision may be made for the suspect and defendant at the stage of investigation or prosecution. However, the decision to make an arrest that will be made should be measured by the expected punishment and the importance of the job. The main thing in criminal proceedings is to continue the investigation or prosecution of the accused or suspect without arrest. Therefore, arrest is a measure of protection, which is always of an exceptional nature. An arrest warrant cannot be issued only for crimes requiring a judicial fine or for crimes for which the upper limit of imprisonment is not more than two years, except for those intentionally committed against the inviolability of the body. In this regard, if there is concrete evidence to raise strong suspicion that a drug trafficking crime has been committed, an arrest warrant may be issued against the perpetrator.
COMPLAINT PERIOD, STATUTE OF LIMITATIONS, RECONCILIATION, EFFECTIVE REMORSE AND THE COURT IN CHARGE
COMPLAINT DURATION AND STATUTE OF LIMITATIONS
Crimes related to the follow-up complaint; Although clearly indicated in TCC No. 5237 and special laws, it is the name given to crimes in which the investigation or prosecution of a crime depends on the victim of the crime or the people who have been harmed by the crime complaining. However, in the Law, crimes related to the manufacture and trafficking of drugs or stimulants are not considered to be among the crimes related to the complaint. Decriminalization of drugs or stimulants is prohibited. The investigation into these crimes is officially carried out by the prosecutor’s office.
SETTLEMENT OF THE CRIME OF DRUG TRAFFICKING
253 of the Code of Criminal Procedure on conciliation in criminal law. and 254. it is regulated in its articles. It is the termination of the criminal proceedings as a result of the agreement of the person who is the victim of the crime with the suspect of the crime. Settlement negotiations and a settlement agreement can be concluded both at the stage of investigation and at the stage of prosecution, if they have conditions. Reconciliation is not giving up a complaint. It is not subject to reconciliation because it is not one of the crimes organized within the scope of reconciliation in the production and trade crime of drugs or stimulants.
EFFECTIVE REMORSE FOR THE CRIME OF DRUG TRAFFICKING
Effective remorse is an institution that causes personal impunity or a reduction in punishment regulated by the Turkish Criminal Code. Effective remorse provisions are not regulated for all types of crimes in the Turkish Criminal Code. The provisions of effective remorse provided for certain types of crimes are a legal institution that can be applied only in terms of the types of crimes for which it is regulated in accordance with the principle of legality. 192 Of the Turkish Criminal Code. In its article, the provisions of effective remorse in the production and trade of drugs or stimulants are regulated.
According to the provision of the law in question, if a person who has participated in the production and trafficking of drugs or stimulants notifies his other accomplices and the places where drugs or stimulants are stored or manufactured before being notified by the official authorities, if the information provided ensures the capture of accomplices or seizure of drugs or stimulants, the punishment will not be imposed on him.
THE COURT CHARGED WITH THE CRIME OF DRUG TRAFFICKING
The court charged with the care of drug crime is the Criminal Court of Penal Servitude. 188 of the TCK. article 1. the competent court for the production, import and export of narcotic substances regulated in paragraph 5. 12 of the Code of Criminal Procedure, except for the case when the crimes of manufacturing, importing and exporting narcotic substances regulated in paragraph 1 are committed within the framework of the activity of an organization established to commit crimes. as stated in the article “the place where the crime was committed’ is the court.
If these crimes are committed within the framework of the activity of an organization (TCK m.188/5) CMK’s 250. article 1. according to paragraph a of paragraph a, the competent and competent court will be the severe criminal courts that will be appointed by the Supreme Council of Judges and Prosecutors on the proposal of the Ministry of Justice in the provinces whose judicial environment will be determined to cover more than one province.
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