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Effective Remorse in Narcotics Offences (TPC art. 192)
Article 192 of the Turkish Penal Code sets out a provision on effective remorse specific to narcotics offences. Its purpose is to encourage a person involved in the offence to assist the competent authorities and help unravel the chain. What the provision offers varies according to when the disclosure is made.
In manufacture and trafficking offences, no penalty is imposed on a person who, before the official authorities become aware of the incident, discloses the other accomplices and the places where the substance is hidden. Where assistance is given after the authorities have learned of the incident and serves to uncover the offence or to apprehend the other perpetrators, a reduction in penalty is applied instead.
In the offence of possession for personal use, no penalty is imposed where the person applies to the official authorities before an investigation is opened and asks to be given treatment. This reflects a deliberate choice not to punish someone who turns towards treatment.
In effective remorse the timing and the scope of the disclosure are decisive, and which conditions produce which result calls for a technical assessment. Taking legal advice before going down this route helps prevent a disclosure from working against the person making it.