In drug cases, the "addiction report" is a critical tool in determining the profile of the defendant and discussing the level of criminal liability. AMATEM (Alcohol and Substance Addiction Treatment Center) and ÇEMATEM (Child-Adolescent) are the centers that carry out this process.
Function of the Report
- Profiling: Whether the person is an addict or a social user — determining at the border of Art.188/Art.191.
- Basis for the decision on treatment-probation.
- Reduction in sentence discussions (claim that the defendant's willpower has diminished - TCK art. 32).
- Assessment of child offenders.
Report Process
Dependency Criteria (DSM-5 / ICD-11)
- Loss of control (wanting not to use but failing).
- Development of tolerance (increasing dose for the same effect).
- Withdrawal symptoms.
- Deterioration in social/work relationships.
- Do not continue to use the same substance.
TCK Article 32 — Mental Illness / Volition Disorder
Severe substance addiction may be evaluated within the scope of "mental disorder that affects the will" in some cases. If TCK Article 32 is applied:
- Total mental illness (Art. 32/1): No criminal liability; security measure (treatment in a high security healthcare institution).
- If the will is partially eliminated (Art. 32/2): Reduction in penalty.
Supreme Court 10th CD — Principle
10. CD states that the dependency report alone cannot be decisive in determining the penalty; It adopts that a decision should be made by evaluating the report result and other concrete evidence in the file (behavior at the time of capture, communication traffic, lifestyle).
Practical Tips
- There should be no delay in requesting the AMATEM report from the court.
- Regular appointments for the reporting process should not be missed.
- Past medical documents (old treatment reports, drug prescriptions) should be submitted to the file.
- Support letters can be received from family and social circle.
The dependency axis changes the file path. The process should be planned with Drug crimes lawyer.