Deferment of the filing of a public lawsuit and the treatment measure in the context of using narcotic or stimulant substances

Abstract

In this study, the institution of postponement of public prosecution and the treatment measure envisaged in terms of the crime regulated in Article 191/1 of the Turkish Penal Code (TPC) No. 5237 will be addressed in the context of the "use" alternative action of the crime. According to Article 191/2 of the TPC, at the end of the investigation carried out in terms of the crime regulated in Article 191/1 of the TPC, a decision will be made to postpone the public prosecution for five years without seeking the conditions in Article 171 of the Criminal Procedure Code (CPC) No. 5271 regarding the suspect, and the public prosecutor does not have the discretion to make a decision not to issue this decision. In this respect, Article 191/2 of the TPC comes to the fore as an exception to the institution of postponement of public prosecution regulated in Article 171 of the CPC. In terms of investigations carried out pursuant to Article 191/6 of the TPC, such a decision cannot be made. According to Article 191/4 of the TPC, if the suspect insists on not complying with the obligations imposed on him or the requirements of the treatment applied during the postponement period, if he purchases, accepts, possesses, or uses drugs or stimulants again, an indictment will be issued and a public prosecution will be initiated. With the provision of Article 191/2 of the TPC, the suspect is given the opportunity to benefit from the possibility of treatment and to get rid of being a substance addict without waiting for the prosecution phase. The treatment measure can only be applied to a suspect who has reached sufficient suspicion of using substances. Other probation measures will be applied to a suspect who does not need treatment. If necessary, it is also possible to apply the treatment measure together with other probation measures. How the treatment measure will be implemented is regulated in Article 71 of the Probation Services Regulation. Accordingly, it is possible for the treatment to be carried out on an outpatient or inpatient basis. Pursuant to Article 191/3 of the TPC, a suspect in need of treatment during the postponement period will undergo treatment for a minimum of one year, and this period can be extended for a maximum of two more years in six-month periods.