Criminal law · Legal information

What Is Read in an Allegation of Possessing a Controlled Substance?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

In an allegation of possessing a controlled substance, three lines are separated. The first is the name the report gives the substance. The second is the place line of the seizure minute. The third is the act that is alleged. The act may have been written as possession for use, or as trade. The two are not the same sentence.

The name the report gives

The name of the substance is the name the expert report in the file uses. The name written in the complaint, or in the first minute, does not take the place of the report. If there is no report, the name stands as the suspicion sentence in the minute. Do not read the suspicion sentence as if the report were there. If the report says "it could not be identified", the substance line stays open. Do not add a name to an open line.

The manner of the report's examination is not looked for. What is read is the name in the report's result sentence. If the result sentence and the name in the first minute conflict, both stand. A single name is not built by erasing one. A supplementary writing does not change the result sentence. Whichever word the result sentence ends with is the word that is read. The everyday name the complainant used does not take the place of the report's name.

If there is more than one report, each report stays in its own result sentence. A new name is not produced by joining the reports. If the dates differ, each date is on its own line. The date of the report is not put in place of the date of the seizure. If the two dates conflict, both stand. The door of the complaint is in the writing on I was complained of.

The seizure place line

The seizure minute writes the place where the substance was found. The place line does not, by itself, choose whether the act is possession for use or trade. The same place can also be seen beside both act sentences. Do not stick the place in place of the act sentence.

What is read is the place written in the minute. A place that is not in the minute is not added. If more than one place was written, each place stays on its own line. A single act name is not produced by joining the places. If the place in the complaint and the place in the minute differ, both stand. A single place is not built by erasing one. How the place was chosen, and how the substance stood there, is not looked for.

With whom it was found is a separate line as well. If the minute does not write the person by name, do not add a name. If your name is on the summons paper and another name stands on the place line, the two names are read apart. Standing beside it does not write the place onto you. If more than one person is a suspect, each person is read from their own place sentence.

The possession-for-use sentence

Possession for use is the sentence of the allegation that the person kept the substance for their own use. This sentence is written separately on the act line. The complainant saying "user" does not turn the act line into this name by itself. If the act line is blank, do not complete the use yourself. If the act line writes this name, what is read is that sentence.

This name is not an abbreviation of the trade allegation. If the paper says only possession for use, do not add a sale sentence beside it. The manner in which use is carried out is not looked for. What is read is whether the act line carries this name. In your statement, do not build a use sentence that is not on the paper. Defence counsel separates this name from the trade sentence.

The act written as trade

A trade allegation is the sentence in which one of the acts of selling, transferring, or giving to another person is written. Which sentence was written is read from the act line in the indictment or in the investigation papers. The three acts are not the same word. Whichever the paper writes is the one that is read. If two are written together, the two lines stand apart. One is not an abbreviation of the other.

The manner in which trade is carried on is not looked for. If a correspondence, a money movement, or a witness sentence is mentioned on the paper, that mention is read. A record that is not mentioned is not treated as existing. The record that is mentioned does not choose the act name by itself. If the record and the act line conflict, both stand. In your statement, do not put the word in the record in place of the act line.

If the act line says possession, it is looked at whether the trade narrative was written separately. If both acts were written, each is read from its own sentence. The complainant saying "seller" does not make the act line trade by itself. In the investigation your capacity is suspect. After the indictment is accepted, the capacity of accused does not erase the act sentence. If the act name has changed on a new paper, the changed name is not accepted in the old statement.

The quantity line is not the name of the act

A quantity can be written in the minute. Do not turn that number into the name of the act. The number's effect on the act sentence is debated in the concrete file. The result of the debate is not built in this reading. If the quantity line is blank, do not invent a number. If the number in the first minute and the report's quantity line differ, both stand. A single number is not built by erasing one.

The quantity does not take the place of the place line either. Trade is not chosen because the number is large, and possession for use is not chosen because it is small. The choice is read from the act sentence. The manner of use is not drawn from this number either. A measure decision does not mean the act is established. The place where the measure is read is the writing on judicial control. The obligation on the measure paper does not take the place of the substance name, or of the act sentence.

A statement does not erase the act sentence

A word that it is not mine is a sentence that can be written in the statement minute. It does not erase the act line. The two lines stand side by side. If you make a statement before seeing the act sentence, you will have built the act with your own mouth. The limit of the statement is in the writing on before giving a statement. Your silence does not mean you accepted the substance.

The minute is read before the signature. A place or a name that did not pass onto the minute is not treated as existing with the signature. Do not fit a place you do not remember onto the complaint's sentence. If a second statement is asked for on the same day, first read the act sentence in the first minute again. If an act name that is not in the first minute has appeared in the second minute, that name was not said in the old statement. Defence counsel keeps the report's name, the place line, and the act sentence apart.

Do not look at a fourth line before the three lines close. The fourth line, if there is one, is the quantity. The quantity does not choose the name of the act. If the quantity is blank, do not carry the number from the first minute onto the report. If the report says "it could not be identified", do not read the name in the suspicion sentence as a judgment. The suspicion sentence stands. The name line stays open. Do not write an everyday name onto an open line.

If more than one person appears on the place line, each person is in their own sentence. If your name is on the summons and the place line is on another person, do not join the two lines. Your sentence "it is not mine" is written in the statement. This sentence does not erase the act line. If the trade sentence says sale, do not change it into transfer. If the paper says giving to another person, do not narrow it into sale. Answer the act that was written.

If the file number differs on the summons and on the seizure minute, do not add the place in the second minute to this act. At the time of the signature, do not rebuild the report's result sentence in your own words. Ask the name you did not understand. If the question asked goes outside the act line, first separate which line you are answering. A narrative given without that separation carries onto the minute an act name that is not on the paper. Defence counsel keeps the possession-for-use sentence apart from the trade sentence.

If more than one place is written, each place can stand with its own act sentence. A single act is not built by joining the places. If trade is written at one place and possession for use is written at the other, do not reduce the two names to a single result. If the report's name was given for one item, do not carry that name onto the second item. If the quantity line is full at one place and blank at the other, do not write the number onto the blank line. In your statement, separate the places. Let which place you answered appear in the minute. A separation that does not appear is not treated as made with the signature. The suspicion sentence in the first minute does not turn the places you did not separate into a single substance name. If a witness says "I saw it on them", this word does not cover a place that is not written in the minute. The witness sentence and the place line stay side by side. Do not add a place that is not on the line. An addition stands only if it is passed onto the minute.

Conclusion

An allegation of possession is read from the report's substance name, the place of seizure, and the act line. Possession for use and a trade allegation are not the same sentence. The place does not choose the act. The quantity in the minute is not the name of the act. The frame is on the criminal law page. Contact stands for the papers. The basis is the provisions of the Turkish Criminal Code No. 5237 and the Criminal Procedure Code No. 5271.

Legislation

Frequently asked questions

If the first minute named the substance, is that name taken as the basis before the report is waited for?

The name in the first minute is a suspicion sentence. The name of the substance is read from the result sentence of the expert report in the file. If there is no report, do not close the suspicion sentence as if the report were there. If the report says it could not be identified, the name line stays open. Do not add a name to an open line.

If the substance is written as being in a vehicle, does the act become trade?

The vehicle is the place line of the seizure minute. The place line does not choose the name of the act. The same place can appear beside both a possession-for-use sentence and a trade sentence. Read the act from the act sentence in the indictment. Do not stick the place in place of that sentence.

Are a writing of possession for use and a writing of sale the same result?

They are not the same result. The first is the allegation that the person kept the substance for their own use. The second is the trade allegation written as sale, transfer, or giving to another person. Which sentence stands in the file is looked at from the act line. Do not write a common result onto the two sentences.

Does the quantity in the minute choose the name of the act?

It does not. A quantity may have been written in the minute. Do not turn that number into the name of the act. The number's effect on the act is debated in the concrete file. If the quantity line is blank, do not invent a number. The number is not a sentence that chooses between possession for use and trade.

If I say the substance is not mine, is the act line erased?

A word that it is not mine is a sentence that can be written in the statement minute. It does not erase the act line. The two lines stand side by side. If you make a statement before seeing the act sentence, you will have built the act with your own mouth.

Related reading

This article sits under one practice area. The neighbouring guides carry the detail that does not belong in this text.

Practice areas · Criminal law

Sources

AK

Author

Av. Ayşenur Konar

Lawyer on the Ankara Bar Association roll, founder of Konar Hukuk. This text is general information; a specific file is reviewed separately. Author profile · Editorial policy

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