Crime of facilizing drug use

The crime of facilitating drug useTCK 190/1. It is regulated in the article. According to the article, crime is to facilitate the use of drugs or stimulants;

a) Providing special space, equipment or materials,

b) Taking precautions to make it difficult to catch users,

c) It is processed by informing others about usage methods.

As can be seen, the legislator has listed a limited number of criminal acts. Crime cannot be committed with actions other than these actions. In order for this crime to be committed, a person must not give drugs to someone else. The crime can only be committed with the above acts. Apart from this, the act of giving drugs to other people is evaluated within the scope of crime of manufacturing and trading drugs or stimulants.

190. In the 2nd paragraph of the article, a different type of crime is included. According to this paragraph, publicly encouraging the use of drugs or stimulants or making publications of this nature is considered a separate crime. The justification of the article states that "In the third paragraph, publicly encouraging the use of drugs or stimulants or making publications of this nature is defined as a separate crime." He stated it with his expressions. Publicly encouraging drug use has become a crime that can be committed more easily, especially as a result of today's technological conditions. The fact that it can be committed through various publications on social media and the internet has caused the crime to become widespread.

The qualified form of the crime is regulated in the last paragraph of the article.

The legal value protected by both types of crimes is the same. This value is general public health. The legal subject of both types of crimes is drugs or stimulants.

PERPERT AND VICTIM OF THE CRIME

190. No characteristics were sought for the perpetrators of both types of crimes regulated in the article. Crime can be committed by anyone. In the 3rd paragraph of the article, it is regulated that the penalty will be increased if the perpetrator is a doctor, dentist, pharmacist, chemist, veterinarian, health officer, laboratory worker, midwife, nurse, dental technician, caregiver, healthcare provider, or a person engaged in chemistry or pharmaceutical trade.

The victim of both crimes is society. Both types of crimes are types of crimes that can be committed against society.

ELEMENTS OF THE CRIME OF FACILIZING DRUG USE

As we stated above, a crime occurs only by performing the acts listed in the law. These acts, which are listed as restrictions in the law, will be listed and explained under separate headings below.

1-Providing special space, equipment or materials

For the crime to occur, it has been deemed sufficient for the perpetrator to perform any of the actions of providing a special place, equipment or material. It does not make any difference if more than one of the actions are carried out and the perpetrator is considered to have committed a single crime.

What is meant by special place here is a place specific to drug use. It is not important whether this designated place is temporary or permanent in terms of the occurrence of the crime. It does not matter whether the place is a residence, workplace or warehouse. If the person feels comfortable in the designated place, the crime is deemed to have occurred. Additionally, there is no requirement for the location to be secret.

Equipment refers to equipment used during drug use. If drug use is facilitated by making pipes with plastic bottles or using more technical methods, it will be considered a crime. Non-technical equipment such as syringes and IV tubes cannot be considered as equipment.

2- Taking precautions to make it harder for users to be caught

This optional situation that causes the crime to occur is regulated in Article 190/1-b of the Turkish Penal Code. The crime is committed by taking measures to make it difficult to catch those who use drugs or stimulants. Therefore, this situation will facilitate drug use. The word "caught" in the text of the article does not mean that the drug user should only be caught by official authorities. It is also a crime to hide a person's drug use from anyone he or she does not want to know.

Actions aimed at eliminating the physical symptoms of the drug and eliminating evidence of the crime are considered within the scope of this subparagraph. For example, giving certain drugs to a person after using drugs to reduce the effects is considered a complicating measure and is considered a crime.

3- Informing others about usage methods

In order for this crime to be committed, the person must be informed about how and to what extent the substance will be used. It does not matter whether the information given is used or not. However, the person who gives the information must give this information to a person who will resort to drug use. Otherwise, merely providing information about drugs does not constitute a crime. For example, while it is not considered a crime for a person to give information about drugs during a conversation with his friend, it will be considered a crime to give this information to a person he knows will use drugs.

PUNISHMENT FOR FACILIZING THE USE OF DRUGS

Any person who commits a crime by performing any of the actions listed above will be punished according to the 1st paragraph of Article 190 of the Turkish Penal Code. According to the article, the perpetrator of the crime is punished with imprisonment from five to ten years and a judicial fine from one thousand days to ten thousand days. Imprisonment and judicial fines are imposed together.

If the crimes defined in this article are committed by a physician, dentist, pharmacist, chemist, veterinarian, health officer, laboratory assistant, midwife, nurse, dental technician, caregiver, healthcare provider, or person engaged in chemistry or pharmaceutical trade, the penalty to be imposed is increased by half.

CRIME OF PROMOTING DRUGS

TCK 190/2. According to the article, a person who publicly encourages the use of drugs or stimulants or makes publications of this nature is considered to have committed a crime and is punished. The legislator has defined the acts of encouraging or broadcasting as separate crimes. In this form, this crime is an optional mobile crime. Nowadays, it is seen that the frequency of crime is increasing due to increasing technological opportunities. As a matter of fact, publications on social media make it easier to commit the crime.

The possibility of a crime being committed depends on the presence of the element of publicity. Publicity is not defined in law. However, this concept is defined in the doctrine by Tezcan/Erdem/Önok as follows: "The verb is not specific and has the possibility of being perceived by more than one person. We can say that there is publicity if it is committed in an environment where it can be heard, seen and perceived by an indefinite number of people, or with any tool that will enable a large number of people to learn it." A crime will occur if the act is known to be committed by an undetermined number of people. The perpetrator must know the element of publicity. A person who is unknowingly recorded and published is not deemed to have committed the crime specified in the article. Because intent constitutes the moral element of the crime.

Public encouragement means encouraging a person to use drugs. For a crime to occur, it is sufficient for the perpetrator to engage in encouraging behavior. Additionally, it is not required that the person has used drugs. The crime is merely a crime of action.

Publicly encouraging publications constitute the second optional act of the crime. As we stated above, publications directed to an indefinite number of people are considered public. It is necessary and sufficient for the publications to be of an encouraging nature. Also, no results are sought.

PUNISHMENT FOR PROMOTING DRUG ABUSE

TCK 190/2. According to the article; Anyone who publicly encourages the use of drugs or stimulants or publishes publications of this nature is punished with imprisonment from five to ten years and a judicial fine from one thousand days to ten thousand days.

If the crime is committed by a doctor, dentist, pharmacist, chemist, veterinarian, health officer, laboratory worker, midwife, nurse, dental technician, caregiver, healthcare provider, or person engaged in chemistry or pharmaceutical trade, the penalty to be imposed is increased by half.