Crimes of producing and trading of narcotic drugs and psychotropic substances (TPC art.188)

Offences relating to narcotics and psychotropic substances and the penalties for these crimes are regulated under Articles 188, 190 and 191 of the Turkish Penal Code. The production and trading of narcotics and psychotropic substances, facilitating the use of these substances, the acts relating to purchase, receipt or possession of narcotics or psychotropic substances without any commercial motive have been also defined as crime by the legislator. In addition, Article 189 of the Code provides imposition of security measures upon legal entities and Article 192 regulates effective remorse regarding the offenses of narcotics and psychotropic substances. This study is limited to Article 188 of the Turkish Penal Code in terms of analysis of the offense. In this study, first, the narcotics and psychotropic substances have been defined, second, the types of drugs and psychotropic substances have been explained along with the historical stages and relevant international conventions and then the fundamental and qualified elements, the sanctions, special appearances of the offense and the effective remorse in respect of the offense of production and trade of narcotics and psychotropic substances regulated under Article 188 of the Turkish Penal Code are grouped under separate headings. Undoubtedly, the decisions of the Court of Cassation are also included in the present study in order to show the application of the said rules and to shed light on some issues in which unity was not achieved in practice. Finally, the doctrine along with our opinion have been presented at the end of the study. Keywords: Narcotic drugs and psychotropic substances, producing, trading, mental element of crime, effective remorse, joinder of crimes