This study has been prepared in light of judicial decisions and legal practices regarding the arrest statuses and probabilities of release of individuals caught with drugs on them.
1. Arrest Orders and Their Grounds
When judicial decisions are examined, it is observed that the primary determinants in the arrest of individuals found with drugs on them are the nature of the crime (trafficking or use), the quantity of the drug, and the manner in which it was seized.
Suspicion of Drug Trafficking and Catalog Crimes: The crime of manufacturing, trading, or supplying narcotic or stimulant drugs, in accordance with Article 100/3-a of the CMK (Code of Criminal Procedure), is listed among the “catalog crimes.” In this context, if the quantity of the seized substance exceeds the limit for personal use (for example, in cases like 900 grams of cannabis, 113 grams of methamphetamine, 2.8 kg of heroin), courts generally issue arrest warrants, citing the suspicion of flight and the nature of the crime as grounds (Supreme Court 8th Criminal Division -2024/3173K, Supreme Court 8th Criminal Division -2024/3143K, Supreme Court 10th Criminal Division -2023/13895).
Remand upon Conviction: For defendants who have received a conviction as a result of the trial, a decision is made for the continuation of their detention (remand upon conviction), taking into account the sentence amount and the period of detention already served (Yargıtay 8. CD-2024/2311k, BAM-Kayseri 3. CD-2020/579K).
Special Cases: It is observed that individuals found with drugs (e.g., tablets inside shoes) upon entering a penal institution are also arrested for drug trafficking and introducing prohibited items (Yargıtay 10. CD-2023/19275K).
2. Possibilities of Release and Judicial Control Measures
It has been reflected in court decisions that individuals found with drugs are not always arrested, and there is a possibility of release depending on the specific characteristics of the concrete case.
Release on Judicial Control Conditions: In many cases, defendants, referred to criminal courts of peace with a request for arrest, were released with judicial control measures such as a travel ban abroad, reporting obligation, or not leaving their residence (Yargıtay 10. CD-2022/15590k, Yargıtay 12. CD-2021/7259K, Yargıtay 8. CD-2024/4121
Release by Prosecutor’s Order: There are instances where suspects, particularly those processed for the crime of “possessing narcotics for personal use” and where the amount of substance seized is small, are released directly from law enforcement by order of the Public Prosecutor’s Office. (Danıştay 12. D-2020/2607K Yargıtay 7. CD-2021/21855K
Release During Trial Process: It is observed that defendants initially arrested are released during the trial phase due to reasons such as the collection of evidence, the duration of detention, or the possibility of a change in the nature of the crime (e.g., from trafficking to personal use). (AYM-30.04.2025, BAM-Gaziantep 5. CD-2018/2117Source, Yargıtay 8. CD-2024/3070K
Postponement of the Pronouncement of the Verdict (HAGB): In cases where the act falls within the scope of “possessing narcotics for personal use” and legal conditions are met, a HAGB decision is rendered for the defendants, supervised release measures are applied, and the defendants are released. (BAM-Antalya 5. CD-2017/1373K
3. Factors Affecting Release
The factors that increase or decrease the probability of release in decisions can be summarized as follows:
Quantity and Usage Limit: While the substance being within personal use limits increases the likelihood of release, high quantities lead to a presumption of trafficking, supporting arrest.
Element of Intent: Defenses such as the drug being “forgotten” or “unnoticed” upon entering prison can lead to acquittal due to lack of intent or prosecution for a lesser offense (TCK 191), thus creating an opportunity for release (Yargıtay 16. CD-2016/61K
Recidivism: Individuals who have prior records for similar offenses or are apprehended again while still on supervised release have a higher probability of arrest (Yargıtay 10. CD-2024/6098K
4. Additional Context from Secondary Sources
Decisions acting as secondary sources provide the following additional information regarding arrest and release processes:
Principle of Intent and Benefit of Doubt: In cases where drugs are found during a search of individuals taken to prison after being arrested for another crime, it is meticulously examined whether the person acted with the intent to introduce the drugs into the prison. In accordance with the principles that “no one shall be compelled to make a statement that incriminates himself” (Constitution Article 38/5) and “the suspect benefits from doubt,” it has been emphasized that defendants whose intent to introduce drugs into prison cannot be proven may be acquitted of this crime, but their actions may be considered within the scope of “possession for personal use” (TCK 191) (Court of Cassation 8th Criminal Division-2020/17866, Court of Cassation 8th Criminal Division-2019/12708).
Resistance and False Identity: The presence of additional facts such as resisting law enforcement officers at the time of apprehension, attempting to escape, or possessing a false identity, even if the amount of drugs is not directly specified, are considered factors supporting a decision for arrest (Constitutional Court – 07.01.2025).
Usage Limit and Ordinary Course of Life: If the market value of the seized drugs is inconsistent with the defendant’s income or if the amount exceeds the limits for personal use, it invalidates the defendant’s “I am a user” defense, leading to severe convictions for drug trafficking and consequently to the continuation of detention (Court of Cassation 8th Criminal Division-2024/775, Court of Cassation 8th Criminal Division-2024/883, Court of Cassation 8th Criminal Division-2024/2418).
Postponement and Probation: In crimes of drug possession for personal use, mechanisms such as the postponement of public prosecution or supervised release (probation), in accordance with TCK 191/2, have been indicated as preferred alternatives to arrest (Court of Cassation 10th Criminal Division-2023/15649).
Frequently Asked Questions
Üzerinde uyuşturucu bulunan herkes tutuklanır mı?
Hayır, her durumda tutuklama kararı verilmez. Uyuşturucunun miktarı, kullanım amacı (ticaret mi kullanım mı olduğu) ve kişinin sabıka durumu gibi unsurlar dikkate alınarak hâkim tarafından değerlendirme yapılır. Özellikle kişisel kullanım sınırında kalan miktarlarda tutuksuz yargılama mümkündür.
Uyuşturucu ile yakalanan kişi serbest bırakılabilir mi?
Evet, birçok dosyada şüpheliler adli kontrol şartıyla serbest bırakılabilmektedir. Yurt dışı çıkış yasağı, imza yükümlülüğü veya ev hapsi gibi tedbirlerle tutuklama yerine alternatif kararlar verilebilir.
Hangi durumlarda tutuklama ihtimali artar?
Uyuşturucu miktarının fazla olması, ticaret şüphesinin bulunması, kişinin daha önce benzer suçlardan kaydının olması veya kaçma/ delil karartma şüphesinin bulunması durumunda tutuklama ihtimali ciddi şekilde artar.
Why is Expert Legal Support Necessary?
Drug offenses are one of the most technical and consequences-heavy areas of Turkish Criminal Law. Even a small legal detail in such cases can directly affect whether a person is arrested or released. Especially the distinction between “personal use or trafficking” is often a critical point that determines the fate of the case.
Therefore, working with an expert Istanbul drug offenses lawyer from the beginning of the process is of great importance. Establishing the correct defense strategy, scrutinizing the legality of evidence, and effectively presenting judicial control or release requests require professional legal support.
Especially for individuals seeking a Tuzla lawyer, working with a legal professional familiar with local practices provides an advantage in terms of the speed and success of the process. At this point, 2M Hukuk Avukatlık Ofisi offers effective and results-oriented consultancy to its clients with its experience in criminal law, particularly in drug offenses.
It should not be forgotten that; every case is unique, and the correct legal intervention can directly affect a person’s freedom.
