How Long is Drug Probation in Turkish Law? – Atty. Ozan Soylu
Drug use or possession offenses and the associated probation in Turkey are regulated under Article 191 of the Turkish Penal Code (TPC). These offenses are defined as purchasing, accepting, or possessing narcotic drugs for use. In such cases, the decision to postpone the filing of a public lawsuit against the suspect for five years may be made, during which probation measures are applied.
The probation period is determined to be at least one year in the Turkish Legal System. The public prosecutor can extend this period for up to two more years in six-month intervals. Therefore, the probation period can extend up to a total of three years. However, for this period to be extended, a proposal must be submitted by the probation directorate, or the public prosecutor must decide ex officio.
The probation measure is monitored by referring the individual to the relevant institution at least twice a year to determine whether they are using narcotic substances. If the person fails to comply with their imposed obligations, purchases or uses narcotic substances again, the probation is considered violated, and a public lawsuit is filed against them.
To summarize briefly, in drug use or possession offenses in Turkey, the probation period is set to be at least one year and at most three years. At the end of this period, if the person fulfills their obligations, it is decided not to file a public lawsuit, and the individual can complete this process without receiving any punishment.
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