The most severe forms of drug crime occur when the crime is committed against children or when children are used to commit the crime. TCK Article 188 specifically aggravates these situations in different paragraphs.
Legal Basis
- TCK Article 188/4: The penalty for heroin, cocaine, morphine, base morphine and synthetic cannabinoid derivatives is increased by half.
- TCK Article 188/6: If the crime is committed by healthcare professionals, public officials or by using people under the age of 18, the penalty is aggravated.
- TCK art.188/8:Manufacture/import/export/sale of chemicals used in production.
"Against the Child" — Child Victim
In case of child victimization, age range of the victim, effect of the substance on health, type of substance used and duration of use are decisive in determining the penalty. Selling directly to people under 18 will trigger further penalty bands; Becoming a permanent customer requires the assessment of the upper limit of the penalty.
"Using Child" — Child Intermediary
If a child is used as a courier, seller, lookout or any other tool in the commission of the crime, the punishment for the perpetrator is aggravated. The child's consent does not affect the evaluation of the act; On the contrary, the use of a child can be considered as a new crime (TCK Article 227, not prostitution, but Article 188/6).
Supreme Court 10th CD — Principle
10. CD adopts that in order to implement the increase stipulated in Article 188/6, the perpetrator must know or be in a position to know the child's age, and that the defense of "I did not realize that he was a child" should be evaluated in the light of the child's physical/social/communication cues.
School and Educational Institution Environment
Although the Turkish Penal Code does not include a direct distance increase for "drug sales near schools"; Activity in school/dormitory/nursery environment operates with established jurisprudence as a phenomenon that requires the punishment to be determined close to the upper limit at the judge's discretion.
Protection of Child Victims
- Child Monitoring Center (ÇİM) meeting.
- Deposition before pedagogue/psychologist.
- Free proxy appointment.
- Closed hearing; concealment of identity.
Most of the reconciliation and reduction mechanisms are not applied in these crimes. Experienced criminal defense attorney is mandatory for the person who is accused, and attorney is mandatory for the child who is the victim.