Perpetrator
As a rule, anyone can be the perpetrator of a drug trafficking crime. In order to be the perpetrator of these crimes, the Law has not sought to have any qualifications. However, if this crime is committed within the framework of the activity of an organization, the punishment for the perpetrator is increased.
On the other hand, although anyone can be the perpetrator of drug and stimulant crimes, the commission of this crime by certain people is envisaged as the reason for the increase in the crime. As a matter of fact, TCK 188/8. In the article, the commission of this crime by a doctor, pharmacist, dentist, chemist, veterinarian, medical officer, laborant, midwife, nurse, dental technician, caregiver, health care provider, chemist or person engaged in the pharmaceutical trade is considered to be a qualified element of these crimes from the point of view of a person.
Victim
The victim is the person or persons directly affected by the act that constitutes the crime. In other words, the victim is the owner of those legal interests that are protected by the criminal norm and are violated by the crime, that is, they constitute the legal subject of the crime. The victim of this crime is the whole society. In fact, this society is not just a society living in one country, people living in other countries are also victims of this crime. Then it will not be wrong to say that the victim of these crimes is the whole of humanity.
THE LEGAL SUBJECT OF THE CRIME
The legal subject of drug trafficking offences is the drug and the stimulant substance itself. TCK m. 188, 190 and 191. Although the drug or stimulant substance specified in the types of crimes contained in the articles is essentially the same, what should be understood from the drug or stimulant substance is not explained in the text of all three articles, 6 of the TCC. Deciphering the definitions contained in the article also did not include a definition related to drugs or stimulants.
188 of the TCK. this issue is clearly mentioned in the article justification. Accordingly, “it has not been defined what drugs or stimulants consist of here, nor has it been possible to show them one by one. This is due to the fact that the abuse of drugs or stimulants, as well as drugs and synthetics that have the same effect, is sanctioned, ensuring a strong social defense. Thus, as a psychotropic substance, all substances that have a drug or stimulant effect and cause addiction in people will be the subject of this crime,”it is stated.
verb
Crimes that can be committed with one of the movements shown as an alternative to each other are called “elective moving crime”. It is sufficient that one of the actions shown in the law has been performed; it cannot be necessary that it has been performed at all. As a matter of fact, TCK m.The crime of drug trafficking, included in article 188, is also regulated as an electoral movable crime. In this regard, it is possible to commit this crime by performing any of the two groups of actions mentioned below:
Manufacture, import or export drugs or stimulants without a license or in violation of a license,
To sell, offer for sale, give to others, ship, transport, store, buy, accept, possess drugs or stimulants inside the country without a license or in violation of a license.
THE SPIRITUAL ELEMENT
In criminal law, the spiritual element refers to the connection between the committed act and the Decedent. Therefore, it indicates whether the crime was committed by caste or by division. The crimes of manufacturing, exporting and importing narcotic substances are among the crimes committed intentionally. Since the caste expressed here is the general caste, the perpetrator must know that the substance subject to the act is a drug substance and must knowingly and willingly perform the actions contained in the law.
The crimes of manufacturing, exporting and importing narcotic substances are not specifically regulated in the law. Therefore, it is not possible to commit a drug trafficking crime in a tax manner.
QUALIFIED ELEMENTS
Cases that are added to the basic form of the crime and require an increase or decrease in the punishment are called qualified cases of the crime. In such cases, an October act, an element, will appear next to the simple form of the crime specified in the law. Article 188/3 of the Turkish Commercial Code on the aggravating causes of the crime of drug trafficking et seq. it is arranged in paragraphs. According to this;
Drugs or stimulants are heroin, cocaine, morphine, synthetic cannabinoids and their derivatives or base morphine (TCK md.188/4-a)
The commission of crimes related to the manufacture and trafficking of drugs or stimulants within the framework of the activity of an organization established for the commission of crimes (Art.188/6)
The processing of acts within the scope of drug trafficking in public or public places within a distance of more than two hundred meters from buildings and facilities located collectively for the purpose of treatment, education, military and social purposes, as well as their borders (TCK art.188/4-b)
A person who has been given or sold drugs or stimulants is a child (TCK art.188/3)
The co-commission of crimes related to the manufacture and trafficking of drugs or stimulants by three or more persons (TCK art.188/5)
The crimes of manufacturing and trafficking drugs or stimulant substances are committed by a person engaged in health care, chemistry or pharmaceutical trade (TCK art.188/8) are prescribed as aggravating reasons.
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