ARTICLE 191 –
(1) A person who buys, accepts or keeps drugs or stimulants for use or uses drugs or stimulants is sentenced to imprisonment from two years to five years. (CRIMINAL COURT OF FIRST INSTANCE)
(2) In the investigation initiated for this crime, it is decided to postpone the filing of the public case for a period of five years, without seeking the conditions in Article 171 of the Criminal Procedure Law No. 5271 dated 4/12/2004. In this case, the public prosecutor warns the suspect about the consequences that may arise for him if he does not comply with the obligations imposed on him during the postponement period or violates the prohibitions.
(3) During the postponement period, a probation measure is applied to the suspect for a period of at least one year. This period may be extended by the decision of the Public Prosecutor for a maximum of one more year in three-month periods. A person who has been given probation may be subjected to treatment during the probation period, if deemed necessary.
(4) During the postponement period of the person;
a) Insisting on not acting in accordance with the obligations imposed on him or the requirements of the treatment applied,
b) Purchasing, accepting or possessing drugs or stimulants for reuse,
c) Using drugs or stimulants,
case, a civil lawsuit is filed against him.
(5) Re-purchasing, accepting or possessing drugs or stimulants or using drugs or stimulants during the postponement period is considered as a violation in accordance with the fourth paragraph and is not subject to a separate investigation and prosecution.
(6) In investigations opened with the allegation of re-committing the crime defined in the first paragraph, after the filing of the public lawsuit pursuant to the fourth paragraph, a decision to postpone the filing of the public lawsuit cannot be made pursuant to the second paragraph.
(7) If the suspect does not violate the obligations set forth in the fourth paragraph during the postponement period and does not violate the prohibitions, it is decided that there is no room for prosecution.
(8) This Law;
a) Manufacture and trade of narcotic or stimulant substances defined in Article 188,
b) Facilitating the use of drugs or stimulants defined in Article 190,
If it is understood that the crime is exclusively within the scope of this article during the prosecution phase for the crime, a decision is made to defer the announcement of the verdict about the accused within the framework of the provisions of this article.
(9) In cases where there is no contrary provision in this article, the provisions of Article 171 of the Code of Criminal Procedure regarding the postponement of the opening of a public lawsuit or the provisions of Article 231 regarding the postponement of the announcement of the verdict shall apply.
(ADDED SECTION RGT: 04.04.2015 RG NO: 29316 LAW NO: 6638/12)
(10) The acts in the first paragraph; Processing of buildings and facilities such as schools, dormitories, hospitals, barracks or places of worship for treatment, education, military and social purposes, and in public or public places within two hundred meters of their boundaries determined by perimeter walls, wire fences or similar obstacles or signs, if any. The penalty to be imposed is increased by half.
