TCK Article 192 regulates the institution of "effective remorse" in drug crimes. This provision sits at the heart of the prosecution strategy by providing significant sentence reductions to perpetrators who help identify accomplices or seize the substance.
Art.192/1 — Before the Investigation Begins
If a person who has participated in the production/trading of narcotic/stimulant substance informs the authority of his accomplices and the places where the substance is stored or manufactured, without being informed by the official authorities, and ensures the seizure of the substance, he shall not be sentenced to a penalty.
Art.192/2 — After the Investigation Starts
After the investigation begins, the penalty to be given to the person who helps the accomplices to be caught or the drugs to be seized is reduced from one-fourth to half, depending on the nature of the assistance.
Art.192/3 — Person Possessing for Use
If a person who uses drugs/stimulants informs the authority about who, where and when he obtained the substance, without being informed by the official authorities, and facilitates the capture of criminals or the seizure of drugs, he will not be penalized.
Art.192/4 — Treatment Assistance
If the person who uses substances requests treatment by applying to the official authorities before prosecution is initiated against him/her, no penalty will be imposed; This provision is one of the most powerful defense tools in the m.191 files.
Supreme Court 10th CD — The Limit of Regret
10. CD states that "effective remorse" must be a concrete and real contribution, and that merely providing abstract information or describing already known people cannot be considered sufficient; On the other hand, it consistently states that aid should continue in a "good-faith and stable" manner.
Practical Strategy
Files focused on effective repentance should be handled by experienced criminal defense attorney; An ill-timed statement can lose both the discount and the defence.