INVESTIGATION STAGE
Since the crime and punishment of drug trafficking is not a type of crime subject to a complaint, the prosecutor’s office initiates the investigation phase upon notification or spontaneously, since it is a crime that is followed up ex officio. After the prosecutor receives information about the commission of the crime, he will conduct an investigation and collect evidence against and in favor of the suspect in this investigation. If the prosecutor reaches sufficient evidence as a result of his research, he will file a case by issuing an indictment; otherwise, he will decide that there is no place for prosecution (non-prosecution). In order for the prosecutor to issue an indictment, it is necessary to have sufficient suspicion that a crime has been committed. The main reason for the requirement of sufficient suspicion is to ensure that people are prevented from being judged unnecessarily.
If the prosecutor believes that there is sufficient evidence, he will issue an indictment. Otherwise, he will decide that there is no room for prosecution. Among the people, this decision is also called a non-follow-up Decisioncalled. In order for the prosecutor to issue an indictment, there must be sufficient suspicion that a crime has been committed. The reason why such a condition of suspicion is stipulated is that the workload of the judiciary is not increased by unnecessary cases, and people are not judged unnecessarily.
PROSECUTION PHASE
After the investigation stage is completed by drawing up an indictment and opening a public case, the existence of a criminal case is mentioned and it means that the prosecution stage has been started. In other words, the prosecution phase begins with the acceptance or acceptance of the indictment. Different stages can be mentioned in the prosecution; trial preparation, trial, verdict and legal path are among these stages. After the completion of the investigation, the prosecution phase for the algebra crime will be carried out and the final punishment to be given to the perpetrator will be determined at the end of the prosecution phase.
The criminal courts will be in charge during the prosecution phase. The prosecution phase is the final phase. At the end of the prosecution phase, the punishment to be given to the perpetrator is decided. If the accused is found not guilty, his acquittal will be ruled. In order to get an acquittal in the crime of drug trafficking, all the details of the file must be carefully examined.
DETENTION AND DETENTION
A detention decision is a decision that provides for the temporary restriction of the suspect’s freedom by the police or gendarmerie for a temporary period of time by the decision of the prosecutor. A judge’s decision is not sought for the decision to detain. Detention begins at the moment when a person’s freedom is restricted. Therefore, in fact, the detention period begins at the moment when the suspect is arrested. 91 of the Code of Criminal Procedure. there are regulations regarding detention in the article. According to the relevant article, the period of detention cannot exceed 24 hours from the moment of capture. Detention depends on the fact that this measure is mandatory in the direction of the investigation and on the presence of concrete evidence indicating the suspicion that the person committed a crime. According to this regulation contained in the Code of Criminal Procedure, a suspect may be detained with the decision of the Public prosecutor in the crime of manufacturing and trafficking drugs or stimulant substances.
The decision to arrest is regulated in the Code of Criminal Procedure as the most severe protection measure. The arrest decision is also a temporary protection measure, as is the detention decision. CMK’s 100. in the event that there is concrete evidence indicating the existence of a strong suspicion of a crime in the article and a reason for arrest, an arrest decision may be made for the suspect and the accused during the investigation or prosecution phase. However, the arrest decision to be made should be measured by the expected punishment and the importance of the job. The main thing in criminal proceedings is to continue the investigation or prosecution of the accused or suspect without arrest. Therefore, the state of arrest is always a measure of protection, which is of an exceptional nature. An arrest decision cannot be made only for crimes requiring a judicial fine or for crimes for which the upper limit of imprisonment is not more than two years, except for those committed intentionally against the inviolability of the body. In this regard, if there is concrete evidence that would raise a strong suspicion that a drug trafficking crime has been committed, an arrest decision may be made against the perpetrator.
COMPLAINT PERIOD, STATUTE OF LIMITATIONS, RECONCILIATION, EFFECTIVE CONTRITION AND THE COURT IN CHARGE
COMPLAINT PERIOD AND STATUTE OF LIMITATIONS
Complaints tracking-related offences; 5237 Penal Code and special laws clearly shows that, although the investigation or prosecution of a crime or the victim of a crime is the fact that the aggrieved person is given to people who have complained of crimes. However, in the Law, the crimes of manufacturing and trafficking of drugs or stimulant substances are not considered among the Decriminalized crimes. In these crimes, the investigation is carried out ex officio by the prosecutor’s office.
RECONCILIATION IN THE CRIME OF DRUG TRAFFICKING
Reconciliation in criminal law 253 of the Code of Criminal Procedure. and 254. it is regulated in the articles. It is the termination of criminal proceedings as a result of the agreement of the person who is the victim of the crime with the criminal suspect. Settlement negotiations and a settlement agreement can be concluded both at the investigation stage and at the prosecution stage, if they have conditions. Reconciliation is not giving up a complaint. It is not subject to reconciliation because it is not one of the crimes organized within the scope of reconciliation in the crime of manufacturing and trafficking of narcotic or stimulant substances.
EFFECTIVE REMORSE FOR THE CRIME OF DRUG TRAFFICKING
Effective remorse is an institution that causes a reduction in personal impunity or punishment regulated in the Turkish Criminal Code. Effective remorse provisions are not regulated for every type of crime in the Turkish Criminal Code. Effective repentance provisions envisaged for some types of crimes are a legal institution that can be applied only in terms of the types of crimes for which it is regulated in accordance with the principle of legality. 192 Of the Turkish Criminal Code. In the Article, the provisions of effective remorse are regulated in the crime of manufacturing and trading drugs or stimulant substances.
According to the letter of the law in question, and the person who had participated in the manufacture of drugs or psychotropic substances trafficking crimes, the authorities before it was heard by other stimulant drugs or substances are manufactured or stored, where associates and report it to the authorities if the accomplices of the information provided in the event of the interception of the drugs or psychotropic substances or provide arrest, the penalty will not be subjected.
COURT IN CHARGE OF DRUG TRAFFICKING
The court charged with dealing with drug crime is the High Criminal Court. TCK’s 188. article 1. the competent court for the production, import and export of narcotic substances regulated in paragraph 5. 12 of the Code of Criminal Procedure, except for the case when the crimes of manufacturing, importing and exporting narcotic substances regulated in the paragraph are committed within the framework of the activities of an organization established to commit a crime. as stated in the article, “the place where the crime was committed’ is the court.
If these crimes are committed within the framework of the activities of an organization (TCK m.188/5) 250 of the CMK. article 1. according to paragraph a; The authorized and authorized courts will be the heavy criminal courts to be assigned in the provinces to be determined by the Supreme Council of Judges and Prosecutors to cover more than one province upon the proposal of the Ministry of Justice.
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