The legal consequences of admitting to using narcotics (admission) vary depending on the manner in which the crime was discovered, the existing evidentiary situation, and the timing of the admission in court decisions. This situation is evaluated under Article 192 of the Turkish Penal Code (TCK), which regulates the provisions on effective repentance.

1. Cases Providing for Sentence Reduction Within the Scope of Effective Repentance (TCK 192/3)

In the vast majority of court decisions, the defendant’s admission to using narcotics or possessing the substance for personal use has been considered as contributing to the discovery of the crime and has been deemed a reason for sentence reduction.

Contribution to the Discovery of the Crime: Antalya Regional Court of Justice, 5th Criminal Chamber (2017/1564 E., 2018/550 K.), ruled that a 1/4 reduction should be applied under TCK 192/3, stating that the defendant’s admission in the form of “I bought it for personal use” contributed to the discovery of the crime. Similarly, the 10th Criminal Chamber of the Court of Appeals (2020/6083 E., 2020/4849 K.) found it a ground for reversal that the admission of a defendant caught with narcotics within the usage limit was not evaluated within the scope of effective repentance.

Admission at the Stage of Insufficient Evidence: The 10th Criminal Chamber of the Court of Appeals, in its decisions (2021/6968 E., 2025/5059 K.) K and (2021/2190 E., 2025/4774 K.), emphasized that if the defendant ensured the discovery of the crime by disclosing their involvement with narcotics at a stage where there was no definitive and convincing evidence against them, a reduction under TCK 192/3 is mandatory.

Specific Discount Examples: The Istanbul Regional Court of Justice, 4th Criminal Chamber (2018/1783 E., 2018/2506 K.), reduced the sentence to 10 months by applying a 1/2 discount under Article 192/3 of the TPC and an additional 1/6 discount under Article 62 of the TPC, due to the defendant’s ownership of the drug. The Adana Regional Court of Justice, 5th Criminal Chamber (2023/988 E., 2023/659 K.), applied a 1/3 discount to the defendant due to their confession before the toxicology report was obtained.

2. Cases Where There Is No Ground for Imposing a Penalty (TPC 192/2)

In some cases, admitting to drug use leads not just to a reduction in sentence, but directly to no penalty being imposed.

Confession Before Official Authorities Are Notified: The 20th Criminal Chamber of the Court of Cassation (2015/9872 E., 2018/5144 K.) Kand the 8th Criminal Chamber (2024/12991 E., 2024/8223 K.) stated in their decisions that for defendants who confess to drug use before official authorities are notified, during the investigation of another crime (e.g., theft), a decision of “no grounds for imposing a penalty” should be made in accordance with TPC 192/2. The 10th Criminal Chamber of the Court of Cassation (2023/22156 E., 2025/5769 K.) also overturned a prison sentence in a similar case for the benefit of the law, ruling that there were no grounds for imposing a penalty.

3. Cases Where Confession Does Not Provide a Discount or Is Assessed Against the Defendant

Admitting to drug use does not always lead to a favorable outcome.

The Crime Already Being Established: The 9th Criminal Chamber of the Court of Cassation (2015/7489 E., 2015/4657 K.) and the 8th Criminal Chamber (2024/1328 E., 2024/6262 K.) have stated that in cases where the crime has already been definitively established through physical surveillance, witness statements, or other evidence, the defendant’s confession has no effect on the outcome and that the effective repentance reduction cannot be applied.

Attempt to Evade Trafficking Charges: The General Criminal Assembly of the Court of Cassation (2016/142 E., 2016/325 K.) evaluated the defendant’s defense that they “possessed the drug for personal use” as a strategy developed to receive a lesser sentence for the trafficking crime and interpreted this situation against the defendant, not considering it within the scope of effective repentance.

Quantity and Conditions: The 8th Criminal Chamber of the Court of Cassation (2024/12653 E., 2024/3046 K.) affirmed that in cases where the seized amount of substance is far beyond the personal use limit, the defendant’s statement “I am a user” does not prevent it from being considered trafficking and does not provide a reduction.

4. Secondary Sources and Additional Context

The following points have been compiled from secondary sources that provide additional context when information in the judgment texts is limited:

Effect of Confession in Drug Trafficking Crime: According to secondary sources, in drug trafficking crimes, the defendant’s confession that the substances belong to them or that drugs were found in their home can be considered assistance in the discovery of the crime and may lead to reductions ranging from 1/2 to 1/4 under Article 192/3 of the Turkish Penal Code (TPC) (Court of Cassation 10th Criminal Chamber 2022/14876, 2023/20127, 2023/3009).

Statement of Use as a Defense Strategy: In some cases, defendants’ statement, “I am a user,” is considered a “qualified confession” aimed at avoiding charges of trafficking; if this statement contributes to clarifying the crime, a reduction is applied, but if it contradicts the evidence, it can only serve as proof of the crime’s commission (Ankara Regional Court of Appeals 18th Criminal Division 2019/2299, Supreme Court 10th Criminal Division 2023/9145).

Discretion: When applying the effective repentance reduction, courts exercise their discretion by considering the importance and timing of the information provided by the defendant (Supreme Court 10th Criminal Division 2023/5290).

Conclusion: Admitting to drug use; when made at stages where the crime is not yet known by official authorities or when there is insufficient evidence against the individual, results in significant reductions in punishment (TCK 192/3) or no penalty (TCK 192/2). However, in cases where the crime is already established, or the admission is deemed to be for the purpose of avoiding charges of trafficking, this admission does not provide a reduction and can even be used as adverse evidence towards the commission of the crime.

Why is Expert Legal Support Necessary? | 2M Law Firm – Istanbul Anatolian Side

In drug offenses, whether an admission will result in a favorable or unfavorable outcome depends on the evidence in the case file and the timing of the admission. An admission made at the wrong time or with incorrect content can completely eliminate the advantage of effective repentance, and may even turn into evidence that strengthens the defendant’s conviction.

In drug-related cases, especially those observed in the Istanbul, Anatolian Side, Tuzla, Pendik, Kartal, Aydınlı, Bayramoğlu, and Gebze regions; establishing the correct defense strategy from the very first statement is of vital importance.

Why is Expert Lawyer Support Important?

Determining at which stage and how a confession should be made,

Accurately determining the applicability of TCK 192/2 and 192/3 provisions to the case file,

Making the distinction between “use-trade” based on scientific and judicial criteria,

Avoiding statements that could create adverse evidence,

Effectively presenting favorable precedents to the case file

is only possible with the intervention of a lawyer specialized in criminal law.

Effective Criminal Defense with 2M Law Firm

2M Law Office, based in Istanbul, provides professional legal support in the regions of Anatolian Side, Tuzla, Pendik, Kartal, Aydınlı, Bayramoğlu, and Gebze on matters of effective repentance, confession strategy, and sentence reduction in drug use and trafficking offenses. In drug cases, a single statement can determine the fate of the case. Expert lawyer support is vitally important to avoid loss of rights.