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Note · TCK 188/1 · CMK 129

A parcel arrives with your name on it. Under Article 188 that is importation, not possession.

A parcel containing a controlled substance, posted from abroad to an address in Türkiye, is normally charged under Article 188/1 of the Penal Code as importation. That paragraph carries twenty to thirty years' imprisonment and a judicial fine of two thousand to twenty thousand days, and it says nothing about quantity. The fight in these files is rarely about weight. It is about what you knew, and who caused the parcel to be sent.

The charge

A border was crossed, so the first paragraph applies

Article 188/1 of the Turkish Penal Code covers manufacturing, importing or exporting narcotic or stimulant substances without a licence or contrary to a licence. The sentence is twenty to thirty years' imprisonment, together with a judicial fine of two thousand to twenty thousand days. Article 188/3 covers the same substances inside the country: selling, offering for sale, giving to others, dispatching, transporting, storing, purchasing, accepting or possessing. That range is not less than ten years, with a fine of one thousand to twenty thousand days.

A posted parcel has crossed a border. That single fact is why the file opens on the first paragraph rather than the third, and why a few grams in a padded envelope and a kilo in a crate begin in the same place on the same page.

What the file says happenedArticle and range
Substance posted from abroad to an address in TürkiyeTCK 188/1 — twenty to thirty years, plus a fine of 2,000–20,000 days
Same substance moved, stored, bought or accepted inside the countryTCK 188/3 — not less than ten years, plus a fine of 1,000–20,000 days
Bought, accepted or held for your own useTCK 191/1 — two to five years, with deferral of prosecution under 191/2
Substance is heroin, cocaine, morphine, base morphine, a synthetic cannabinoid, synthetic cathinone, synthetic opioid or amphetamine, or a derivative of theseTCK 188/4-a — the penalty above is increased by half

Article 191 is the outcome most people in this position are hoping for, and it is a real route: two to five years, and under 191/2 the prosecutor defers prosecution for five years, with supervision of at least one year under 191/3. That article is dealt with on the narcotics possession page. But 191 is written around buying, accepting, possessing or using for personal use. It says nothing about importing. Moving a posted parcel into that article is an argument about how the conduct is characterised, made early and on the whole record — not one that is won by pointing at the weight alone.

The packet

It was opened before you saw it, and the law says who may do that

By the time anyone speaks to you, the packet has already been opened. Article 129 of the Code of Criminal Procedure sets out how that is supposed to happen. Items held by any postal organisation, public or private, that are suspected of constituting evidence may be seized by decision of a judge, or, where delay would be prejudicial, by order of the public prosecutor. The officers who carry out the seizure may not open the envelopes or packets themselves: the items are sealed in the presence of the postal staff and delivered immediately to the judge or prosecutor who gave the order.

There is an exception, and drug files sit inside it. Under 129/3, added in 2017 and enacted in 2018, packets may be opened by police officers on the prosecutor's instruction where the seizure concerns a listed offence. Article 188 is on that list, alongside Article 174 on dangerous substances, Articles 12 and 13 of Firearms Law no. 6136, and Articles 67 and 68 of Cultural Property Law no. 2863.

Two further paragraphs matter to you. Under 129/4, unless it would damage the purpose of the investigation, the measures taken are notified to the persons concerned. Under 129/5, parcels that are not opened, or that are opened and turn out not to need holding, are returned to the person entitled to them at once.

What the file has to show. Which judge or which prosecutor authorised the seizure, on what date, how the packet was sealed, and to whom it was handed. That paperwork is read line by line at the start of the case, not at the hearing. The general rules on searches and seizure apply on top of Article 129.
Delivery

The knock at the door is usually part of the evidence

Once the substance has been identified, the parcel is often allowed to continue to the address under observation rather than simply disappearing. The delivery then becomes evidence in its own right: who was at the door, who signed for it, what was said, and where the parcel went next. This is the technique known as controlled delivery, and it explains why an arrest can follow within minutes of a courier leaving.

Accepting is one of the listed acts in 188/3. A signature is therefore not a formality, and neither is a doorstep explanation. What is said in the first ten minutes, in a language you are managing rather than speaking, becomes a fixed position that later has to be explained away. You are entitled to say that you will not give a statement until your defence lawyer is present, and to say nothing further.

Knowledge

What you knew, not whose name is on the label

Under Article 21/1, an offence requires intent, and intent is the knowing and willing realisation of the elements in the statutory definition. Under Article 30/1, a person who does not know the material elements of the offence at the time of the act does not act intentionally. Your name on a label is not, by itself, knowledge.

What decides the point is the material around the parcel: who created the order and from which account, how it was paid for, who checked the tracking and from what device, who chose the address, and whether the messages read as arranging a delivery or as a favour done blind. Addresses of shared flats, hostels, workplaces and short lets appear in these files regularly, and so do people whose details were used without them ever being asked.

Where the parcel was stopped matters as well. If it was seized at the border and never reached anyone, whether the importation was completed or only attempted is a live question. Under Article 35, a person who begins the execution of an offence with suitable acts but cannot complete it for reasons beyond his control is liable for attempt, and the sentence is reduced by one quarter to three quarters. On a base of twenty to thirty years, that reduction is measured in many years.

Not every parcel

Medication, precursors, and files that are not drug cases at all

Under 188/6, the paragraphs above also apply to any substance whose production requires official permission, or whose sale depends on a prescription written by an authorised doctor, and which produces a narcotic or stimulant effect. Medication ordered online falls here. The difference is that for these substances the penalty may be reduced by up to half. Under 188/7, a substance used in production whose import or manufacture requires official permission carries not less than eight years and a fine of one thousand to twenty thousand days.

If the contents are not a controlled substance at all, but goods brought into the country outside the customs regime, the file is a customs one and is answered on entirely different provisions.

Which tier of Article 188 your file sits in, the multipliers that can be stacked on top of it, and what the prosecution actually has to prove are set out in full on the drug trafficking page.

Questions

Questions we are asked most

The parcel never reached me — it was stopped at customs. Am I still charged?
Usually yes. The question is not whether you held the substance but whether the importation is treated as completed or as an attempt under Article 35, where the sentence is reduced by one quarter to three quarters. The answer turns on the record of who ordered it, who paid, and where the parcel was when it was seized.
It was a few grams for my own use. Does that make it Article 191?
Not automatically. Quantity does not appear in 188/1, and 191 is written around buying, accepting, possessing or using for personal use rather than importing. The argument that the file belongs in 191 is a characterisation argument, built from the order records, the amount, and the absence of anything pointing to supply, and it is made as early as possible.
Someone used my address without asking. How is that shown?
Through the material, not through assertion: the account and device behind the order, the payment trail, who tracked the shipment, who else has access to the address, and the messages before and after. Article 30/1 is the provision that matters, but it only helps if the record supports it — which is why an improvised explanation at the door tends to cost more than it gains.
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