Active Investigation In Drug Trafficking Case

One of the most prosecuted cases in the High Criminal Courts is the drug trafficking case. Unfortunately, it is often insufficient for lawyers who work on heavy criminal cases to stress the presumption of innocence by making defenses on them. One of the biggest problems in drug trafficking cases is the lack of an effective investigation. Law enforcement is trying to inform the Public Prosecutor after the notice received to him and conduct the effective investigation and reveal the material truth. However, when reaching the material truth, it must be reached by lawful means and by lawful evidence. The public prosecutor is obliged by CMK 160 to collect all the evidence both in favor and against the suspect. The right to a fair trial is one of the most fundamental rights. Even if we get to the material truth, however, its mantelity will undermine people’s confidence in justice by impacting very wrong conclusions and the rule of law.

Drug use is particularly difficult to stop and treat substances that are chemical. They try to reduce the amount of use during the treatment of these prohibited and drug substances, such as heroin, synthetic drugs, synthetic pills, bonzai substances, cocaine substances, etc. If people with or without treatment are in possession of these substances for the purpose of using them, as a rule of law, the users are prevented from accessing these substances and then directed to treatment is made with the provisions of probation. However, in drug trafficking cases, I am faced with such files that people should be tried for possession for the purpose of using drugs, and as a result of the evaluation made by law enforcement, a file is presented to the Public Prosecutor for alleged drug trafficking, and in general the prosecution authorities send it to the judges with an arrest request. Interrogation judges often do not enter into the basis of the work and can make arrest decisions. After these trials, we understand why prisons are so full of questions. We as lawyers need to forget that we are an important factor in ensuring that our criminal laws are not only on the books but in practice. The crime of drug dealing is a felony. While both punishment and arrest measures can be applied, the possibility of a change in the type of crime can make an innocent person very aggrieved. I have often seen that a person is charged with direct drug trafficking if they are suitable for use with 3 pieces of firecrackers or if there are drugs in clips. But this should not be the case. The suspicion that this job was done for the trade should be very clear in the commission of the crime of drug trafficking. There should be sufficient doubt about the person by the fact that the evidence of the crime and the statements, the signs and statements obtained from the confiscation all exist together. There should be a very thick line, not a fine line, between drug use and the drug trafficking case. This must be obtained not only with a precision scale, but in other evidence to prove that the precision scale was used for this crime when committing the crime of drug trafficking. Of course, there should be enough time for an effective investigation. In the investigation, the prosecutor and the law enforcement should be directed to charge the person with drug trafficking after patiently acting in accordance with the law. The person who uses drugs often calls on the phone saying that a very moving person has done nothing should not be acted on with the logic that he has done something. If he made a speech on the wiretap that was supposed to be a drug trade, it also needs to be obtained in his physical evidence. We have more files, we can’t spend that much time on all of them saying he’s dealing drugs, so there shouldn’t be an operation. The person needs to be brought before the prosecutor or the court without any fatigue. Are you selling goods to people in the police station such as the direct questions should not be asked. As lawyers, we have to comment in this case. Usually 2 friends are caught using drugs, although normally there is no sale process between them, however, they say that they buy drugs from each other and then two people are arrested. For this reason, it is very important that concrete data and information are substantiated and that the evidence is complementary to each other. These issues will be very important for the drug trafficking case, the drug lawyer, the lawyers looking at drug cases.