Distinction Between TCK 191 and TCK 188 in Drug Seizures at Airports: Personal Use or Trafficking?

In investigations involving drugs seized at airports, the most critical issue is whether the act falls under TCK 191 (possession for personal use) or TCK 188 (drug trafficking/importation).
This distinction directly determines the sentencing range and is therefore essential during both the investigation and trial stages. Below are the criteria, distinguishing factors, and key defense considerations frequently applied in airport cases.

What Does TCK 191 Regulate? (Possession for Personal Use)

TCK 191 criminalizes the purchase, receipt, possession, or use of drugs for personal consumption.
The typical penalty ranges from 2 to 5 years of imprisonment, and alternatives such as probation, supervised release, or treatment may apply.
For a case to fall under TCK 191, there must be indications supporting personal use.

What Does TCK 188 Regulate? (Manufacturing, Importing, Exporting, Trafficking, Transporting, Storing)

TCK 188 covers the manufacture, sale, transportation, storage, import, export, and distribution of drugs as part of a commercial or organized activity.
Penalties are significantly harsher, generally starting at 10 years and reaching 20–30 years or more in aggravated circumstances.
Packaging style, quantity, concealment techniques, and supporting evidence often suggest intent to traffic.

Key Criteria Used to Distinguish Between TCK 191 and TCK 188

In airport-related drug seizures, authorities typically evaluate:

1. Quantity

Amounts exceeding personal use may point toward trafficking.
However, quantity alone is insufficient; a holistic assessment of all evidence is required.

2. Packaging

Multiple small, ready-for-sale packages indicate intent to sell.
A single portion or consumer-type packaging may align more with TCK 191.

3. Concealment Method

Hidden compartments in luggage, specially prepared sections, or body concealment suggest trafficking or importation intent.

4. Additional Evidence

• Phone and messaging records
• Suspicious travel routes
• Large amounts of cash
• Scales, packaging materials
• Contacts with suspected traffickers

These may support an inference of organized activity under TCK 188.

5. Statements and Conduct of the Suspect

A mere claim of personal use is not decisive;
the statement must be consistent with objective evidence.

6. Location Within the Airport

Where the substance was seized—

• before security,
• after security,
• within the customs area,
• in the international terminal—
  plays a direct role in the legal assessment.
  Crossing the customs line is particularly significant for determining importation (TCK 188).

Common Scenarios Seen in Airport Practice

Scenario A: Small Quantity, Single Package, Claim of Personal Use

If the quantity and packaging are consistent with consumption, classification under TCK 191 is possible.

Scenario B: Multiple Packages, Large Quantity, Concealment

Numerous small bags, hidden compartments, and incriminating travel details weigh heavily toward TCK 188.

Scenario C: Seizure at X-ray Screening Before Customs

This raises the question of whether the act constitutes completed importation, attempted importation, or mere transportation.
The stage of the journey must be analyzed carefully.

Practical Defense Notes

• Verify the legality of the search and seizure
• Examine laboratory reports (quantity, purity, type)
• Analyze where and how the drugs were found
• Review travel records, flight logs, and communications
• Influence evidence assessment early in the investigation
• Since TCK 191 has significantly lighter penalties, preventing misclassification is crucial

Conclusion

In airport drug seizure cases, correctly identifying the applicable offense has a decisive impact on potential sentencing.
Quantity, packaging, concealment, additional evidence, statements, and the exact location within the airport must be evaluated together to determine whether TCK 191 or TCK 188 applies.
Every detail contained in the investigation file may influence the legal characterization of the act.

FAQ – Frequently Asked Questions

1. Which offense applies to drugs seized at an airport?
   Depending on the amount, packaging, and evidence, the case may fall under TCK 191 or TCK 188.
2. Is there a defined legal limit for personal use under TCK 191?
   No. The assessment is based on laboratory reports, typical daily consumption, and packaging.
3. Does possession of drugs in a suitcase automatically mean trafficking?
   Not automatically. However, multiple packages, concealment, or large quantities may indicate trafficking (TCK 188).
4. Is a seizure before crossing the customs line considered importation?
   It depends on the stage of travel and evidence of intent.
5. What applies if drugs are found while disembarking the aircraft?
   Entering the customs zone is key to determining importation.
6. Can a small amount found during a body search be considered trafficking?
   Generally no—small quantities indicate personal use unless supported by other incriminating evidence.
7. What does possession of many small bags indicate?
   It is often interpreted as sale-ready packaging and supports the suspicion of trafficking.
8. Do phone records and messages affect the assessment?
   Yes, they may demonstrate organizational links or trading intent.
9. Is the person automatically detained if caught with drugs at the airport?
   Not necessarily. Detention depends on the strength of the evidence and risk factors.
10. What alternative measures exist under TCK 191?
    Treatment, probation, supervised release, or suspension of the sentence may be available.