+49 152 02819858

+90 542 350 66 01

umt.oz @ hotmail. com

Attorney Ümit ÖZ

Turkish Criminal Law Attorney 

 

Turkish Drug Trafficking Offense (TCK 188)

 
 

2024 Drug Seizure Data and Legal Process
The year 2024 stands out as a period in Turkey where drug-related seizures significantly increased. According to publicly released statistics, both the quantities of seized substances and the number of drug-related incidents and suspects rose considerably compared to the previous year.

This increase reflects not only intensified security policies but also a higher likelihood of misjudgments, wrongful arrests, and innocent individuals being included in investigations. Therefore, obtaining legal support from a professional criminal defense attorney in drug-related cases has become more critical than ever.

According to the 2025 Drug Report, the quantities of drugs seized in 2024 are as follows:

  • Cannabis: 61.5 tons (–38%)
  • Methamphetamine: 33.8 tons (+54%)
  • Heroin: 4.3 tons (+31%)
  • Cocaine: 3.1 tons (+23%)
  • Synthetic Cannabinoids: 2.5 tons (+25%)
  • Prescription Drugs (synthetic): 94,753,500 units (+227%)
  • Ecstasy: 5,139,878 units (–2%)
  • Captagon: 15,907,961 units (+16%)
  • Hemp seeds: 108,378,999 units (–31%)

Significant increases are particularly observed in methamphetamine, synthetic prescription drugs, and Captagon operations. Such high growth rates indicate that law enforcement expanded their operations, which also resulted in an increase in the number of suspects.

Number of Drug-Related Incidents and Suspects in 2024:

  • Drug-related incidents: 309,028 (+23%)
  • Suspects: 374,948 (+20%)

These figures reveal that nearly thousands of people face legal proceedings for drug offenses every day. In such extensive operations, arrests may occur due to:

  • Being in the wrong place at the wrong time,
  • Possessing someone else’s belongings containing drugs,
  • Misjudging the distinction between “trafficking” and “use,”
  • Technical surveillance errors,
  • Unlawful search and seizure procedures.

Drug offenses are among the crimes carrying the harshest penalties under the Turkish Penal Code (TCK). In particular, penalties under TCK 188 (Drug Trafficking) range from 10–30 years, and courts adopt a strict approach in these cases. In this process, consulting a criminal defense attorney before giving any statement is crucial.

Know your rights:

  • You have the right to request an attorney.
  • You may remain silent during police, prosecutor, or court questioning.
  • If a search or seizure is unlawful, evidence may be deemed invalid.
  • Determining whether someone is a user involves medical tests, type and quantity of seized drugs, method of seizure, supporting evidence, and case files.

Importance of Defense in Drug Cases

An experienced drug defense attorney can:

  • Examine the legality of the evidence in the file,
  • Ensure the correct distinction between “use” and “trafficking,”
  • Challenge unlawful arrests and searches,
  • Review and challenge technical surveillance reports, HTS records, and expert analyses, ensuring unlawful evidence is excluded or not considered in the ruling,
  • Effectively handle appeals against detention and request release,
  • Apply the provisions for effective repentance at the right time if necessary.

Investigation Phase in Drug Cases: The Most Critical Stage

The most common mistakes in drug cases occur during the initial phase of the investigation because the individual often:

  • Does not fully understand the charges,
  • Is unaware of how evidence was collected,
  • May give incorrect statements due to guidance,
  • Cannot foresee the legal consequences of their statements.

Thus, even the first minutes of the investigation can determine the outcome of the case.

Role of an Attorney During Investigation:

  • Review the case file before any statement is given,
  • Determine which questions should be answered and where to exercise the right to remain silent,
  • Object to misleading or improperly posed questions,
  • Challenge unlawful search or detention procedures,
  • Ensure illegal evidence is excluded or not used in judgment (including drug type and quantity, packaging, weighing equipment, phone calls, fingerprints, seized money),
  • Oversee the legality of wiretapping, surveillance, and digital evidence analysis,
  • Prevent prolongation of detention,
  • Apply for judicial control measures instead of detention,
  • Request repeated medical testing if necessary to accurately determine the type of seized drugs.

When managed by a professional criminal lawyer, investigations can often be resolved before a case is filed, saving time, reputation, and freedom.

Presumption of Innocence

The presumption of innocence means that a person is considered innocent unless proven guilty with lawful and conclusive evidence. “Conviction beyond reasonable doubt” requires that a court’s guilty verdict be based on strong and definitive evidence leaving no reasonable doubt. A skilled drug trafficking attorney must ensure that their client’s presumption of innocence is fully protected throughout the criminal investigation and trial.


Critical Difference Between Possession (TCK 191) and Trafficking (TCK 188)

The 2024 data show that law enforcement often conducts large-scale operations. During such operations, even users may be prosecuted under trafficking charges. Factors considered include:

  • Drug quantity, packaging, presence of weighing devices, phone records, fingerprints, and seized money.

Legality of Evidence: The Strongest Defense Point

Many procedures in drug cases are carried out unlawfully, especially:

  • Searches without warrants,
  • Entering residences at night,
  • Unauthorized digital examinations under CMK 134,
  • Incomplete technical surveillance orders,
  • Improper search records,
  • Unlawful vehicle or personal searches,
  • Use of unverified confidential witness statements.

An attorney should detect such irregularities and ensure unlawful evidence is excluded or not used in judgment. Without evidence, conviction is impossible.


Appealing Detention and Release Process

Detention rates in drug cases are higher than in other crimes. However, detention:

  • Is not a punishment,
  • Serves as a temporary measure during investigation.

Therefore, evidence must be collected promptly, and grounds for detention must be removed. If detention conditions are not met, an attorney may:

  • File an appeal against detention,
  • Request judicial control,
  • Apply alternative protective measures, and work to eliminate the reasons for detention.

Defense in Drug Trafficking Cases

Drug crimes require expertise due to their technical nature and severe penalties. The success of the defense depends on:

  • Expert-level evidence review,
  • Active legal follow-up at all stages of the case,
  • Meticulous presentation of all possibilities favorable to the defendant, and elimination of unlawful evidence.

If you or your relative face charges related to:

  • Possession,
  • Use,
  • Trafficking,
  • Transporting,
  • Selling,
  • Facilitating drug crimes,

seeking legal assistance from an expert criminal defense attorney is the most crucial step. Professional legal support is the strongest way to protect your freedom, criminal record, reputation, and future.