Guide · · 5 min read
Probation for Possession for Personal Use (TPC art. 191)
Article 191 of the Turkish Penal Code penalises buying, accepting or possessing a narcotic or stimulant substance for personal use. The law, however, provides a route specific to this offence: the public prosecutor decides to suspend the filing of the public prosecution, and a probation measure is applied to the person for five years.
The obligations during the supervision period are clearly defined: reporting to the probation directorate at set intervals, providing tests on request as to whether the substance is being used, and attending a treatment programme where this is considered necessary. Where the obligations are met, a decision of no grounds for prosecution is issued at the end of the period.
The suspension is revoked in two principal situations: persisting in breach of the obligations during the supervision period, or committing the same offence again within that period. The suspended public prosecution is then filed and proceedings return to their ordinary course.
Because seemingly minor lapses — a missed appointment, a test not given — can affect the whole process, understanding the scope of the obligations clearly from the start is important. Compliance with treatment and supervision is the factor that most often determines the outcome in these files.