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Articles 403 to 409 of the Turkish Penal Code: ( Drug Crimes & Punishments)
ARTICLE 4031. Whoever manufactures or imports narcotic drugs or psychotropic substances (hereinafter referred to as "drugs") without or in breach of license will be sentenced to imprisonment from 10 to 20 years and to monetary fine of fifty thousand liras for each gram or fraction of the said drug. 2. Whoever exports the drugs mentioned in sub-article 1 will be sentenced to imprisonment from 6 to 12 years and to monetary fine of fifty thousand liras for each gram or fraction of the drug involved. 3. Whoever exports drugs after having manufactured or imported them will, in addition, be sentenced to the penalties specified in sub-article 1. 4. The imprisonment term served in a third country for drugs thus exported from Turkey or pronounced but not served in a third country, will be deducted from the sentence pronounced for the export violation if the crime is likewise punishable in Turkey. 5. Whoever sells, offers for sale, purchases or keeps drugs or gives them to others without remuneration or receives them in the same manner, transports, intermediates for the sale, purchase or acquisition thereof in any matter whatsoever without or in breach of license will be sentenced to imprisonment from 4 to 10 years and to monetary fine of fifty thousand liras for each gram or fraction of the drugs involved. 6. Where the drugs involved in the preceding sub-articles are heroin, cocaine, base morphine or morphine the sentence will be augmented by half. 7. Sentences to be pronounced on persons who establish, manage or participate in organizations to commit the crimes specified in the previous sub-articles will further be increased by half. 8. Where the crimes mentioned in this Article are committed by two or more persons without the explicit or implicit agreement of those who are engaged in these criminal acts in a professional, trade or habitual way, the sentence to be pronounced will be increased by a third. 9. Sentences to be pronounced on persons who employ for the crimes enumerated in this Article minors under eighteen years of age or those not having criminal liability will be increased by a sixth. 10. Whoever establishes or manages organizations to commit the above crimes or participates in such organizations will be punished by imprisonment from five to 10 years. 11. Any association of two or more persons for the purpose of committing the said crimes will be deemed as an organization in this context. 12. Whoever purchases drugs with false prescriptions will be sentenced to imprisonment from one to three years and to monetary fine of up to five million liras. ARTICLE 4041. Whoever facilitates the abuse of drugs by arranging a suitable locale or through other means or distributes such drugs to minors under eighteen years of age, to drug addicts or to persons with a mental defect wil1 be punished with one sixth of the sentences mentioned in sub-articles 5 and 6 of Article 403. 2. Whoever uses drugs or keeps them for this purpose will be punished with imprisonment from one to two years. 3. A drug user will not be prosecuted for abuse of drugs if he applies to State authorities for treatment before the investigation is launched. 4. Where abuse of drugs has attained the degree of addiction, such persons will be referred to a hospital for observation and treatment until fully recovered. The competent court of law may likewise arrange, at any time during the proceedings, for the referral of said drug users to hospitals for observation and treatment. ARTICLE 405Whoever participates in one of the crimes referred in Articles 403 and 404 will be exempted from punishment if he contributes to the apprehension of his accomplices or to the seizure of the places where the narcotic drugs are kept, hidden or manufactured before the authorities learn thereof. The sentences of persons contributing to the clarification of criminal acts or to the apprehension of the accomplices after these have otherwise come to the knowledge of the authorities will be reduced to one half. ARTICLE 406Where the violators of the provisions of Articles 403 and 404 (1) are physicians, veterinaries, chemists, pharmacists, medical dentists, dentists, proprietors or contracted managers of pharmacies, health officials, midwives or nurses, the sentence will be increased by half. The offenders will also be denied ingress to public service for life or performance of profession again for life. Where the violations enumerated in Articles 403 and 404 (1) are committed in public conveyances or places open to the public or by officials and employees thereof in a manner which constitutes a misuse of their authorities or influence, the sentence will be increased by a third and the offenders will likewise be denied ingress to public service and performance of profession. ARTICLE 407Where persons suffer bodily harm or damage to their health or illness as a result of the acts enumerated in the preceding Articles, the punishment will be increased from one third to one half in violations other than those entailing life imprisonment sentences. Where bodily damage is sustained by several persons, the sentence increase will be no less than twice indicated above. Where the act entails the death of a person the violator will be punished with life imprisonment. ARTICLE 408All goods existing at locations established for the purpose of facilitating the abuse of as indicated in Article 403 will be seized and one half of the value thereof will be paid as award money to those having contributed to the discovery of the violation.
ARTICLE 409Whoever sells, without permission, narcotic drugs not covered in Article 403 will be sentenced to imprisonment from 15 days to 2 years and to monetary fine from fifteen thousand up to one hundred thousand liras and the said drugs will likewise be subject to confiscation. |
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