D.G. is convicted in Duzce (Closed Cumayeri) Criminal Court of First Instance with the charge of possessing drugs for personal use. The Ministry of Justice requests an appeal on the sentence, and the case is referred to the 10th Criminal Chamber of the Court of Cassation. The Court of Cassation finds that in cases of drug use by the defendant, in addition to imprisonment, a treatment and supervised release decision may be given without first issuing a penalty. This decision must be based on concrete, legal, and sufficient reasons. The court also notes that if a treatment and supervised release decision has been issued in another case against the defendant for a different action, this should not prevent it from being issued again if necessary. The court concludes that the lower court's decision to issue a penalty without considering the treatment option was illegal. As a result, the case is sent back to the Duzce Criminal Court of First Instance for retrial.
Relevant Laws: \n- Turkish Criminal Code, Article 191 \n- Law No. 5560, amending the Turkish Criminal Code \n- Code of Criminal Procedure, Article 309.