Undercover Investigator ( Secret Police) For Drug Trafficking Crime In Turkey )
The means of obtaining the evidence contained in our Code of Criminal Procedure are very important in terms of the provision. Evidence obtained against the law is one of the most basic rules not to be a basis for conviction. (Cmk’s 217. according to the article, the crime committed to the defendants can be proven by any evidence obtained in accordance with the law. )In this article, the secret investigator task, which is the way to obtain evidence obtained against the law in the crime of drug trafficking, will address the evidence of drug trafficking through the secret police in the language of the public.
There are no undercover investigators assigned to each person who committed a drug trafficking offence. For this reason, drug crime must be committed within the framework of organizational activity. (Cmk’s 139. Article 4. according to the paragraph, a secret investigator is assigned for crimes not committed within the framework of organization activity. )
The duties of undercover investigators are to identify all members of the organisation involved in a crime committed within the framework of organisation activity, revealing its functioning and organisation scheme. The duty of the undercover investigator should not be to carry out and prove drug dealing with suspects of drug trafficking. Perhaps the idea of committing this crime can be realized when an offer is made to the person who does not intend to commit the crime of drug trafficking by influencing the will to obtain the evidence. The important issue here is that the organization that committed the crime of drug trafficking is already committing this crime and will be committing it. Another rule of being an undercover investigator is judicial law enforcement ( judicial law enforcement officer is CMK’s 139/3. the provision of the article is to observe that it must be heard as a witness and decided according to its outcome. )
If it is determined that the secret investigators are not law enforcement officers, they will not be able to “identify the crime and the perpetrator, collect the evidence related to the crime”, so the information obtained by this method cannot be considered as evidence.
taking into account their evidence should not constitute the basis for the verdict
As described in the 2014/462 articles of Association, 2015/135 articles of Association and 2014/848 articles of Association, 2015/136 articles of Association of the General Assembly of the Supreme Court of Appeals dated 28.04.2015;
on 26.11.2013, when the undercover investigator purchased drugs subject to crime from the defendants, the accused was charged with “possession of drugs to sell” and evidence of this crime was obtained. However, it is unnecessary for the undercover investigator to buy drugs again on different dates from the defendants, nor is it within his remit. On the other hand, the main task of undercover investigators is not to “buy drugs or stimulants,” but to “identify the crime and its perpetrator, to obtain evidence of the crime.””For these reasons, the purchase of drugs from the defendant multiple times by the undercover investigator, and also the crime will not constitute a crime and there is no real” buy-and-sell ” without taking into consideration that the discarded crime was committed in chains, the penalty of the defendant, TCK 43. to assign more punishment to defendants by increasing them with substance,
it has been seen as the cause of disruption. For this reason, the conduct of cases with colleagues of lawyers involved in drug cases will change the course of cases considerably following the evaluation of the evidence. A criminal lawyer can be involved in drug cases. Although there is no technical term in our country, such as a criminal lawyer or a severe criminal lawyer, in practice there are areas where lawyers are directed according to their interests in folk language. The most important of these is criminal law in criminal cases.
