Criminal Law • Article 191 of the Turkish Penal Code

Drug Use Offenses and Probation: Everything You Need to Know

Could missing a signature land you in jail? If the probation period goes smoothly, will it be recorded on your criminal record? We explain the entire process step by step.

The offense of purchasing, accepting, or possessing narcotic or stimulant substances for personal use is governed by Article 191 of the Turkish Penal Code and ranks among the most common criminal cases encountered in practice. Due to the frequency of law enforcement checks in high-tourism areas such as Bodrum, investigations into this type of offense increase significantly, particularly during the summer months.

2–5 yearsrange of prison sentences

5 yearsperiod for deferring a public prosecution

1 + 1 yearprobation period

10 daysApplication period at the directorate

What Is Article 191 of the Turkish Penal Code? Elements of the Crime

Under Article 191(1) of the Turkish Penal Code, any person who purchases, accepts, or possesses a narcotic or stimulant substance for personal use, or who uses a narcotic substance, shall be punished by imprisonment for a term of two to five years. It is not necessary for the substance to be actually used for the offense to be established; mere possession for personal use is sufficient.

The key distinction here is whether the substance is possessed for personal use or for commercial purposes:

Personal Use

TCK Art. 191 • 2–5 years

Quantity within the personal use limit, possession of a single item, user identification (based on test results), and no evidence of sale.

Suspected Trade

TCK Art. 188 • Starting at 10 years

A large number of small packages, a precision scale, small bills with serial numbers, messages related to sales, and a large quantity.

When making this distinction, the courts evaluate the amount (based on the criteria of the Forensic Medicine Institute and the case law of the Court of Cassation), the manner of possession, additional evidence, and whether the individual is actually a user, all together. No single criterion is decisive.

2.Postponement of the Initiation of a PublicProsecution

Pursuant to Article 191(2) of the Turkish Penal Code, in an investigation initiated for this offense, the public prosecutor decides to defer the filing of a public prosecution for a period of five years. In other words, no charges are filed directly against a person committing this offense for the first time; the person is given the opportunity to reform.

During the deferral period, the suspect is subject to supervised release for a minimum of one year. This period may be extended for up to one additional year in three-month increments, if deemed necessary. If the suspect is determined to be substance-dependent, a treatment requirement may also be imposed.

3.Probation Obligations

Sign-in: Signing in at the Probation Office at specified intervals,
Testing: Providing a urine or blood sample when asked to do so,
Seminar: Participate in the designated training and seminar programs,
Treatment: If a treatment plan has been established, continue it regularly.

⚠ The most common mistake: Failing to follow up on a notice. Failure to respond to a summons from the Probation Office within ten days of the notice being served is considered a violation of probation. Not being aware of the notice because a change of address was not reported will often not protect the individual.

4.Violation of Probation: What Are the Consequences?

Pursuant to Article 191(4) of the Turkish Penal Code, if, during the probation period, the individual persists in violating the conditions of probation or purchases, accepts, possesses, or uses a narcotic substance for the purpose of repeated use, the probation decision shall be revoked and a public prosecution shall be initiated against the individual.

The key point of the defense — the concept of “persistence”:

According to the established case law of the Court of Cassation, a single violation is generally not sufficient to warrant the initiation of a public prosecution; it is required that the individual continue to act in violation of their obligations despite having been warned of the violation. In cases where a lawsuit is filed directly without a proper warning having been served, this deficiency constitutes an effective defense argument.

5. What Happens If the DeferralPeriod Goes Smoothly?

✓ A decision not to prosecute is issued.

If the individual complies with their obligations during the probation period and does not commit another offense, a decision is issued stating that there are no grounds for prosecution. The individual is not tried, and no conviction is recorded on their criminal record. For this reason, strict adherence to the process is of vital importance for the individual’s future.

6. SincereRepentance (TCK Art. 192)

If a person who uses illicit drugs seeks treatment by contacting official authorities or healthcare institutions before an investigation is initiated, no penalty will be imposed on that person. Furthermore, a person who, after an investigation has begun, provides information on who supplied the drugs and where they were obtained—thereby assisting in the apprehension of the perpetrators—may be eligible for a reduced sentence. The applicability of the provisions on sincere repentance in a specific case must be evaluated in consultation with an attorney.

7If You Find Yourself Facing a Drug Investigation in Bodrum

Be sure to request a lawyer before giving a statement—this is your constitutional right, and exercising it cannot be used against you.
Whether the search was conducted in accordance with the law (search warrant, consent, proper documentation) becomes the central issue in subsequent debates over the admissibility of evidence.
In your statement, your declarations regarding the quantity of the substance, the manner in which it was seized, and its intended use are decisive in distinguishing between personal use and trafficking.
Keep all documents related to the analysis process and notifications.

?Frequently Asked Questions

What is the penalty for the crime of drug use?

Under Article 191 of the Turkish Penal Code, the penalty is imprisonment for a term of two to five years. However, as a general rule, the initiation of public prosecution is deferred for a period of five years during the initial investigation, and probation is imposed.

Is failing to sign in while on probation a violation?

It constitutes a violation of an obligation; however, as a general rule, for a public prosecution to be initiated, the violation must be “persistent”—that is, the violation must continue despite a warning. It is important to consult with an attorney to assess the specific circumstances.

How long is the probation period?

At least one year; if deemed necessary, it may be extended for up to one additional year in three-month increments. The total deferral period is five years.

If I successfully complete probation, will it be recorded on my criminal record?

No. If the probation period is completed in accordance with the terms of the sentence, a decision of dismissal will be issued, and no conviction will be recorded on the criminal record.

A small amount of the substance was found on me—will I be charged with drug trafficking?

The quantity alone is not the determining factor; the packaging method, additional evidence, and whether you are a user are all considered together. In cases where the quantity remains within the limits of personal use and there is no evidence of sale, the case falls under Article 191 of the Turkish Penal Code.

Let's evaluate your specific situation together

For questions regarding drug use offenses, violations of probation, or investigations under Article 188 of the Turkish Penal Code, please contact Özgün Law and Consulting.

Contact Us Attorney Kaan Özgün. This article is intended for general informational purposes only and does not constitute legal advice.