Another controversial issue in drug trafficking crimes has been how effective remorse provisions will be applied. If acts such as drug trafficking, supplying drugs, and dispatching are committed regardless of the amount of substance, drug trafficking cases and criminal courts are tried. Even if the amount of drugs seized is small, the amount of punishment that will be received will be quite high if the exact suspicion is reached, given the criminal sanction in the law on drug trafficking. For this reason, it is very important in terms of crime and punishment whether effective provisions of remorse should be applied in reasoning. In this article, I will briefly address the interpretation of effective remorse provisions in the drug trade and share the decisions of the Supreme Court.
Turkish Penal Code 192/3. Article – after these crimes are notified, the penalty for voluntarily serving and assisting the occurrence of the crime and the capture of the perpetrator or other accomplices shall be reduced from 1/4 to 1/2 depending on the nature of the assistance.
The article of the law is very clear to reveal the commission of the crime, to catch the accomplice, to serve, as well as to help. In other words, a condition is not sought in a certain pattern. Not only through the dossier, but also through the whole of the reasoning and the investigation, if the person has any help and ease in the investigation, it will not be a good decision not to apply effective provisions of remorse, suggesting that they did not occur in a certain pattern. As an example, if the defendant delivered the substances without a rough top search, or if there are more drugs elsewhere than the substances found in the rough top search, the effective remorse provision will apply if he gave it voluntarily. Although sometimes these issues are not mentioned when editing the arrest and confiscation minutes, if the perpetrator says that I delivered these items of my own accord, an application must be made for the testimony of these police officers. In addition, if the perpetrator has declared that he took drugs from another person, if he has given a description, it should be considered and caught as part of a separate investigation, and effective provisions of remorse should be applied to the perpetrator’s statements. Of course, the amount of the discount will be proportional to the contribution it has. But effective remorse provision must be applied. The point we are talking about should not be abused by the perpetrator. In other words, it would not be right to say that the perpetrator, without giving any description and information, would have been mentioned in a help without giving any other details, saying that I got it from the person I know mehmet’s name.