49 Union of Turkish Bar Associations Review 2022 Bahar TOPSAKAL cized that the criterion of “sameness of the act” is not taken into account in the implementation of aggregation carried out by referring to the “general and complementary” crime type in terms of the crime of disturbing individuals’ peace and harmony; in this context, it is recommended in the study that, in the event that there are groups of acts that are not considered as the same, the perpetrator be prosecuted and convicted of both the crime of disturbing individuals’ peace and harmony and the other related crime by applying the provisions of actual aggregation if the conditions exist. In the study, respectively, a morphological examination of the crime of disturbing individuals’ peace and harmony was made, the conditions of existence of actual aggregation and conceptual aggregation were explained, and finally, the practice of aggregation applied for the type of crime and the criticism of and suggestions for these practices were explained. I. Crime of Disturbing Individuals’ Peace and Harmony The crime of disturbing individuals’ peace and harmony is defined in Article 123 of the Turkish Criminal Code No. 5237 as follows; “Where a person persistently makes phone calls, creates noise, or otherwise acts in an unlawful manner, with the aim of disturbing a person’s peace and harmony the offender shall be sentenced to a penalty of imprisonment for a term of three months to one year, upon the complaint of the victim”;2 this norm protects the right of individuals to live in peace of mind and under the assurance of not being disturbed.3 As is clearly stated in Articles 17 and 56 of the Constitution of the Republic of Turkey numbered 2709, everyone has both the right to protect and improve his/ her corporeal and spiritual existence and the right to live in a healthy and balanced environment. In this context, in order for individuals to actively and efficiently use their aforementioned rights, acts intended to violate these rights 2 https://www.mevzuat.gov.tr/ 3 Similar to this article, a crime of misdemeanor was defined in Article 547 of the TCC no. 765... For the crime defined in Article 547 of the TCC No. 547, a light prison sentence of up to fifteen days or a light fine was foreseen, and the crime was subject to ex officio prosecution. “Recep Gülşen, “Kişilerin Huzur ve Sükununu Bozma Suçu (TCK m.123) [Crime of Disturbing Individuals’ Peace and Harmony (TCC Art.123)]”, Zirve Üniversitesi Hukuk Fakültesi Dergisi, 2012, p. 6-7)
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