Under the Turkish Penal Code No. 5237 drugs or stimulants production and trafficking offenses

The crimes of manufacturing and trafficking of drugs or stimulants are regulated in the third part of the Turkish Penal Code entitled 'Crimes Against Society', in the section entitled 'Crimes Against Public Health. The crimes of manufacturing and trafficking narcotic or stimulant substances, as the title suggests, are regulated by the legislator with the instinct of protecting society, and the provisions for punishment related to the type of crime are included in the law. The pursuit of this crime, the victim of which is the public, is not subject to a complaint and is one of the types of crimes that are pursued by the public ex officio. In practice, there are differences of opinion on how to determine whether the acts constitute a crime in drug or stimulant manufacturing and trafficking crimes, in which cases the punishment should be imposed, separation from similar characteristics with the crime of use, and again, especially in determining effective cases of remorse. In the determination of the acts of manufacturing and trafficking in narcotic substances, the decisions of the higher judicial authorities and the sources written in the doctrine have been guiding in terms of determining the nature of the offence. In my thesis, which deals with the crimes of drug and stimulant production and trafficking, I will try to explain the type of crime in detail with doctrinal information as well as case-based Supreme Court decisions. In the First Part of this study, general information about this crime was presented, the concept and types of drugs were explained, relevant international agreements, regulations of the countries cited as examples regarding the crime and Turkish Law regulations were examined. In the Second Part, the basic acts that constitute the crime, qualified situations, effective remorse and general provisions of the crime are mentioned. In the Third Part, the provisions of the sanction law regarding the crime are tried to be explained.