Perpetrator
The perpetrator of the crime of drug trafficking, as a rule, can be anyone. In order to be the perpetrator of these crimes, the Law did not seek to have any qualifications. However, if this crime is committed within the framework of the activities of an organization, the punishment to be given to the perpetrator is increased.
On the other hand, although the perpetrator of drug and stimulant substance crimes can be anyone, the commission of this crime by certain people is envisaged as the reason for the increase in crime. As a matter of fact, TCK 188/8. In the Article, the commission of this crime by a doctor, pharmacist, dentist, chemist, veterinarian, medical officer, laboratory assistant, midwife, nurse, dental technician, nurse, health service provider, chemist or pharmaceutical trade is considered a qualified element of these crimes for a person.
Victim
The victim is the person or persons directly affected by the act that constitutes the crime. In other words, the victim is the owner of the legal interests protected by the criminal norm and violated by the crime, that is, forming the legal subject of the crime. The victim of this crime is the entire society. In fact, this society is not just a society living in one country, people living in other countries are also victims of this crime. Then it would not be wrong to say that the victim of these crimes is all of humanity.
LEGAL SUBJECT OF THE CRIME
The legal subject of drug trafficking crimes is the drug and the stimulant substance itself. T.C.M. 188, 190 and 191. Although the drug or stimulant substance specified in the crime types contained in the articles is essentially the same, it is not explained in the text of all three articles what should be understood from the drug or stimulant substance, 6 of the TCK. Among the definitions contained in the article, no definition related to drugs or stimulant substances is Deciphered.
TCK’s 188. this issue is clearly mentioned in the article justification. According to this; “It is not defined what drugs or stimulant substances consist of here, nor has it been done to show them one by one. This is due to the fact that the abuse of narcotic or stimulant substances, as well as drugs and synthetics that have the same effect, is sanctioned, providing a strong social defense. Thus, as a psychotropic substance, all substances that have a drug or stimulant effect and cause addiction in people will be the subject of this crime,”it is stated.
Verb
Crimes that can be committed with one of the movements shown as an alternative to each other are called “selective mobile crime”. It is sufficient that one of the actions shown in the law has been performed; it cannot be necessary to have performed all of them. As a matter of fact, TCK m.the crime of drug trafficking, which is included in Article 188, is also regulated as an elective moving crime. In this regard, it is possible to commit this crime by performing any of the two groups of actions mentioned below:
Manufacturing, importing or exporting drugs or stimulant substances without a license or contrary to a license,
Selling, offering for sale, giving to others, shipping, transporting, storing, buying, accepting, possessing drugs or stimulant substances within the country without a license or contrary to a license.
THE SPIRITUAL ELEMENT
In criminal law, the spiritual element refers to the bond between the Decedent and the perpetrator. Therefore, it indicates whether the crime was committed by caste or by installment. Drug manufacturing, export and import crimes are among the crimes committed intentionally. Since the caste expressed here is the general caste, the perpetrator must know that the substance subject to his act is a drug substance, and he must knowingly and willingly perform the actions contained in the law.
The law does not specifically regulate the taxable status of drug manufacturing, export and import crimes. Therefore, it is not possible to commit the crime of drug trafficking in installments.
QUALIFIED ELEMENTS
The cases that are added to the basic form of the crime and require the punishment to be increased or reduced are called qualified cases of the crime. In such cases, in addition to the simple state of the crime specified in the law, an October act, an element will arise. Aggravating reasons for the crime of drug trafficking Article 188/3 of the Turkish Penal Code, etc. it is arranged in the jokes. According to this;
Drugs or stimulants are heroin, cocaine, morphine, synthetic cannabinoids and derivatives or morphine base (TCK md.188/4-a)
The commission of drug or stimulant drug manufacturing and trafficking crimes within the framework of the activities of an organization established to commit a crime (TCK art.188/6)
The acts within the scope of drug trafficking; treatment, education, military and social purposes of the collective buildings and facilities and the processing of public or public places within a distance of two hundred meters from their borders (TCK md.188/4-b)
The person who is given or sold drugs or stimulant substances is a child (TCK md.188/3)
The crimes of manufacturing and trafficking of drugs or stimulant substances are committed together by three or more people (TCK art.188/5)
The commission of crimes related to the manufacture and trade of drugs or stimulant substances by a person providing health services, engaged in chemistry or pharmaceutical trade (TCK art.188/8) are prescribed as aggravating reasons.
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