ARTICLE 191 –
(1) A person who buys, accepts or possesses or uses drugs or stimulants for use shall be punished with a prison sentence of two to five years. (CRIMINAL COURT OF FIRST INSTANCE)
(2) In the investigation initiated due to this crime, it is decided to postpone the opening of the public case for five years, without seeking the conditions in Article 171 of the Criminal Procedure Law No. 5271 dated 4/12/2004. In this case, the public prosecutor warns the suspect about the consequences that may arise for him if he does not comply with the obligations imposed on him during the postponement period or violates the prohibitions.
(3) A probation measure is applied to the suspect for at least one year during the postponement period. This period may be extended for a maximum of one more year in quarterly periods by the decision of the Public prosecutor. A person who has been placed on probation may be subjected to treatment if it is deemed necessary during the probation period.
(4) Within the postponement period of the person;
a) Insists on not acting in accordance with the obligations imposed on him or the requirements of the treatment applied,
b) Buying, accepting or possessing drugs or stimulants for reuse,
c) Use of drugs or stimulants,
In this case, a public lawsuit will be filed against him.
(5) The purchase, acceptance or possession of drugs or stimulants or the use of drugs or stimulants during the postponement period is considered a violation according to the fourth paragraph, and there is also no need for investigation and prosecution.
(6) In an investigation opened with the allegation that the crime defined in the first paragraph has been committed again, after a public trial has been opened in accordance with the fourth paragraph, a decision cannot be made to postpone the opening of a public trial in accordance with the second paragraph.
(7) If the suspect does not act in violation of the obligations specified in the fourth paragraph and does not act in violation of the prohibitions during the postponement period, it will be decided that there is no room for prosecution.
(8) This Law;
a) Manufacture and trade of drugs or stimulants defined in article 188,
b) to facilitate the use of drugs or stimulants defined in article 190,
If it is understood that the crime is exclusively covered by this article during the prosecution phase due to the crime, it is decided to postpone the announcement of the verdict within the framework of the provisions of this article.
(9) In cases where there is no provision to the contrary in this article, the provisions of Article 171 of the Criminal Procedure Code on postponing the opening of a public case or Article 231 on postponing the announcement of a verdict shall apply.
(ADDITIONAL SECTION RGT:
October 04, 2015 RG NO: 29316 LAW NO: 6638/12)
(10) The acts contained in the first paragraph; processing of buildings and facilities used for treatment, education, military and social purposes, such as schools, dormitories, hospitals, barracks or places of worship, and their boundaries, if any, in public or public places within two hundred meters determined by perimeter walls, wire fences or similar obstacles or signs. The punishment given is increased by half.