In TCK Article 191 files that fall within the scope of drug use, treatment and probation is an important tool designed for a person to escape prison sentence and rebuild his life. This article explains how the process works.
Legal Basis
- TCK Article 191/2-3: "The person who uses substances... is sentenced to treatment and probation."
- CGTİHK no. 5275 article 105/A: Framework of probation measure implementation.
- Regulation on Probation Services: Execution procedure of the directorates.
Steps of the Process
Liabilities
- Regular attendance at the treatment center.
- Uncontrolled obedience to urine and blood samples.
- Periodic notification to the directorate.
- Keeping address and contact information up to date.
- Avoiding risky relationships with friends/environments.
Consequences of Noncompliance
Failure to continue treatment regularly, giving a positive test result or violating the notification obligation will lead to reinitiation of the prosecution; In this case, prison sentence comes to the agenda. A single delay or temporary disruption may be considered as a warning at the discretion of the directorate; however, repeated violations actually reopen the file irreversibly.
Supreme Court 10th CD — Established Approach
10. CD adopts that a single positive test during the probation period cannot be considered a failure, that the directorate must evaluate the general compliance table, and that concrete and persistent violations must be sought in order to reopen the case.
Practical Suggestions
- Make an AMATEM appointment on the first day.
- Adhere to the treatment plan without reservation; keep the reports.
- If you took medications that could harm your health on the test day, report it with document
- Keep your relationship with the management positive; Don't miss an appointment.
Process management requires professionalism; drug crimes lawyer support is recommended.