Drug trafficking cases under Turkish Criminal Code (TCK) art. 188 are heard by the high criminal court (ağır ceza mahkemesi). Cases for drug use (TCK art. 191) and facilitating use (TCK art. 190) are heard by the criminal court of first instance (asliye ceza mahkemesi). Where trafficking is alleged, a lawyer must be appointed for the suspect without waiting for a request. The direction of the file is often set by the statement and searches in the first 24 hours.
1. Arrest and police custody
- Under Code of Criminal Procedure (CMK) art. 91(1), police custody may not exceed 24 hours from the arrest. The time strictly necessary to bring the person before a judge is added to this, but that time may not exceed 12 hours.
- For offences committed collectively, the prosecutor may extend custody by up to three more days, one day at a time (CMK art. 91(3)).
- Custody can be challenged: the arrested person, their lawyer or relatives may apply to the criminal judgeship of peace (sulh ceza hâkimi) for release. The judge decides within 24 hours (CMK art. 91(5)).
- In drug trafficking committed within the activities of an organisation, the right of a suspect in custody to meet a lawyer may be restricted for 24 hours by a judge’s decision. No statement may be taken during this period (CMK art. 154).
2. The statement: the most critical moment
- Since the minimum penalty for trafficking is ten years, defence counsel is mandatory (CMK art. 150(3)).
- For a use allegation, a lawyer is not mandatory, but the suspect may always ask for one.
- What is said in the statement directly affects the distinction between “use or trafficking”. A statement of effective repentance may also come up at this stage. (Effective repentance)
- There is a right to remain silent; silence cannot be used as evidence against the person.
3. Special measures in the investigation
Drug trafficking is among the offences for which the law allows the most intrusive investigative tools:
- interception and recording of communications (CMK art. 135),
- appointment of an undercover investigator (CMK art. 139),
- surveillance by technical means (CMK art. 140),
- seizure of real property, accounts and companies (CMK arts. 128, 133).
Each of these measures depends on the statutory conditions and a judge’s decision. We explain the lawfulness of searches and evidence in a separate article.
4. Pre-trial detention or judicial control
Trafficking is one of the catalogue offences for pre-trial detention (tutuklama). This does not mean detention is automatic. Concrete evidence showing strong suspicion, and proportionality, are always required. (Detention and objection)
5. Postponement instead of prosecution for the use offence
For the use offence, no prosecution is brought the first time; the prosecutor issues a five-year postponement. (TCK 191)
6. Indictment and court
| Offence | Competent court |
|---|---|
| Trafficking, manufacture, import (TCK art. 188) | High criminal court (offences punishable by more than ten years’ imprisonment; Law on the Establishment, Duties and Jurisdiction of First-Instance Courts and Regional Courts of Appeal art. 12) |
| Facilitating use (TCK art. 190) | Criminal court of first instance |
| Use (TCK art. 191) | Criminal court of first instance |
If, in a case brought for trafficking, the act turns out to be use, a decision on the deferral of the announcement of the verdict (HAGB) is given within the framework of TCK art. 191 (TCK art. 191(8)). If two separate cases have been brought for the same package, one for trafficking and one for use, the later case is dismissed (CMK art. 223(7)).
7. Appeals
- Against the first-instance judgment: appeal (istinaf) to the regional court of appeal (bölge adliye mahkemesi);
- Against the regional court’s decision, where the law permits: appeal to the Court of Cassation (temyiz) (Yargıtay). Drug files are currently handled by the Court of Cassation’s 8th and 10th Criminal Chambers.
- Appeal deadlines run from the service or pronouncement of the decision. Note the date of the decision so as not to miss the deadline.
How long does the case take?
The law sets no time limit. The duration depends on the number of witnesses and experts in the file, how long Forensic Medicine reports take to arrive, the transcripts of intercepted communications, and whether the defendant is detained. Files with detained defendants are given priority. There are also statutory maximum periods for detention during the investigation stage.
Recent Court of Cassation decisions
- Court of Cassation 8th Criminal Chamber, 25.02.2026, E. 2025/10045, K. 2026/2713: At a road check carried out without any tip-off or intelligence, drugs within the personal-use limit were found on the defendant and in his car. Since there was no evidence that he sold or gave them to others, the judgment for trafficking was reversed. Together with the reversal, the release of the detained defendant was also ordered. Decision text
- Court of Cassation 8th Criminal Chamber, 08.01.2026, E. 2025/10289, K. 2026/361: It was found that two separate cases, one for trafficking and one for use, may have been brought for packages seized on the same date. This possibility must be investigated; if confirmed, the trafficking case under review must be dismissed under CMK art. 223(7). Decision text
- Court of Cassation 10th Criminal Chamber, 09.07.2025, E. 2025/3472, K. 2025/7698: If, in a case brought for trafficking, the act is found to be use, TCK art. 191(8) applies. However, it must first be investigated whether there is an earlier postponement or case against the defendant for the same offence. Decision text
This article is for general information only and is not legal advice. For your specific situation, please seek advice from a lawyer.