Getting Caught with Drugs for the First Time
Being caught with drugs for the first time is a sub-act that affects the criminal process depending on the conditions of the actions defined as drug-related crimes in the law. The nature of the effect, on the other hand, is such that it does not require moving away from the lower limit in determining the basic penalty, without seeing the reason for the discount.
The subject of our article is people accused of acts classified as drug trafficking crimes in the law, for their relatives, what kind of criminal consequences the commission of a crime for the first time may bring, are among the issues on which they are looking for an answer to the question. In particular, we are trying to find an answer to the question of what kind of criminal sanction a person may face in cases where transportation, storage, and possession conditions occur other than for personal use.
A decision is made by the Public Prosecutor to postpone the opening of a public case for 5 years if the person who buys, accepts, possesses or uses a drug or stimulant substance for use has committed the act for the first time, in addition, a probation measure is imposed on the person for a minimum period of one year during this period.
The Public Prosecutor’s Office is waiting for the decision to postpone the opening of the criminal case in the system for 5 years.
If the suspect is deemed necessary, he may be subjected to treatment during the probation period that is being applied about him.
These decisions made by the prosecutor’s office may be appealed within fifteen days from the date of notification to the suspect. If the objection is about being subjected to treatment, it is important to inform concrete, convincing and valid points about the fact that there is no need for treatment in the objection.
During the period of postponement of the opening of the Criminal Case, the suspect may file a deferred Criminal Case on the grounds that he insists on not acting in accordance with the obligations imposed or the requirements of the treatment applied. In this case, if it is understood by the Court that the “condition of insistence”, which is the condition of the prosecution, has not been fulfilled, it is decided to “stop the case” in order to wait for this condition to be fulfilled. A decision is made to send the probation file to the Prosecutor General’s Office of the Republic to continue the execution.
In the actions classified as drug trafficking crimes, the effect of the fact that the act is committed for the first time on the criminal outcome is evaluated within the scope of the principle of the individuality of the punishment in practice, and differs depending on the person, the circumstances of the crime.
In the case of actions classified as drug use and possession crimes for use, the effect of the fact that the act is performed for the first time on sanctions may differ according to the regulations of the institution being studied. From the judicial point of view, criminal consequences may differ depending on the person’s addiction to the substance, his behavior in accordance with the obligations imposed on him during the postponement period of the case, or violation of prohibitions, the circumstances of the crime.