54 Evaluation of Actual Aggregation and Conceptual Aggregation Rules in Terms of the Crime ... II. Actual Aggregation - Conceptual Aggregation Aggregation, which is defined as “conjoining, gathering, meeting” in the current Turkish dictionary 18 of the Turkish Language Institution, refers to two separate institutions in terms of criminal law: the first is the “consolidation of penalties” and the second is the “aggregation of crimes”. The consolidation of penalties is as an institution that enables the collection of more than one sentence ruled in a single or different proceedings against a perpetrator, 19 which cannot be evaluated within the scope of material criminal law and which has importance in the execution of penalties.20 In this context, the consolidation of penalties primarily depends on the presence of more than one crime. 21 The aggregation of crimes is included in the general theory of crime, and causes some of the penalties of aggregated crimes not to be imposed on the perpetrator. 22 In other words, if an act that constitutes a crime violates or seems to violate more than one norm at the same time, the institution of the aggregation of crimes comes to the fore in solving the problem of which norm will apply to the event. 23 In the 18 http://www.tdk.gov.tr. 19 The reason for not including the consolidation of punishments procedure, which was clearly stipulated in Article 68 of the Abolished Criminal Code No. 765, in the Turkish Criminal Code No. 5237 is expressed as follows: “One of the basic rules of criminal law is expressed as ‘the number of crimes should be equal to the number of acts, and the number of punishments should be equal to the number of crimes. Exceptions to this rule are specified in the aggregation of offenses part. Apart from these exceptions, a separate punishment must be imposed for each crime committed. In this way, each penalty imposed will maintain its independence. Accepting the opinion that the question of how to execute more than one punishment of the same or different nature should be regulated in the execution law, it was decided by the Commission to remove the provisions regarding the ‘consolidation of punishments’ from the text.” (İzzet Özgenç/Cumhur Şahin, Türk Ceza Hukuku Gazi Külliyatı [Turkish Criminal Law Gazi Collection], Ankara 2005, p. 48) 20 “Consolidation of punishments is a process of execution institution; crimes the punishments of which are consolidated maintain their legal independence and each crime has separate consequences.” (6th Criminal Chamber of Court of Cassation, 2014/8126 E., 2014/20012 K., 11/17/2014, www.kazanci.com) 21 Mehmet Emin Artuk/Ahmet Gökcen/Caner Yenidünya, Ceza Hukuku Genel Hükümler II (Yaptırım Hukuku) [Turkish Criminal Law General Provisions II (Sanctions Law)], Seçkin Yayıncılık, Ankara 2003, p. 169. 22 Fatma Karakaş Doğan, “Türk Ceza Hukukunda Cezaların İçtimaı Kurumunun Düzenlenmesi Gerektiği Üzerine [“On the Necessity of Including the Procedure of Consolidation of Punishments in Turkish Criminal Law ]”, Ankara Barosu Dergisi, 2011, p. 87. 23 9th Criminal Chamber of Court of Cassation, 2020/7817, 2020/2297, 11/25/2020,
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