58 Evaluation of Actual Aggregation and Conceptual Aggregation Rules in Terms of the Crime ... 4- The dispute must not be a dispute that can be resolved within the framework of the principles of aggregation in appearance.33 Here, within the framework of the dissolution system and in the light of the principle of “non bis in idem”, the legislator has concluded that punishing the perpetrator more than once, taking into account the sameness of his act conflicts with the criminal justice. According to this, the legislator found it adequate to impose the heaviest penalty on the perpetrator. The said approach of the legislator is quite appropriate. However, it should be emphasized here that the conceptual aggregation provision is only a provision that regulates the imposition of punishment. For this reason, it is necessary to accept that every crime is independent except the imposition of punishment.33 The most important issue in terms of the fair application of the principle of conceptual aggregation is the appropriateness of the legal assessment to be made on the sameness of the act (action). Because, in every principle within the scope of the aggregation of crimes, the concept of “act” has been given a special legal value and in this context, different meanings have been attributed to the concept in the doctrine. 34 Although different opinions have been put forward in the doctrine in terms of the sameness of the act (action),35 in our opinion, it is the sameness in the legal sense that should be taken as the basis here. According to this, the fact that an act is single in the natural sense does not mean that it is single in the legal sense as well. In this context, where the provisions of the conceptual aggregation will be applied, if the penalties specified in the law for the crimes are of the same type and amount, an evaluation shall be made taking into account the perpetrator's intent. (9th Criminal Chamber of Court of Cassation, 2020/7817, 2020/2297, 11/25/2020, www.kazanci.com) 33 Nur Centel/Hamide Zafer/Özlem Yenerer Çakmut, Türk Ceza Hukukuna Giriş [Introduction to Turkish Criminal Law], Beta Yayıncılık, 2020, p. 486. 34 Tuğçe Özkan, Yargı Kararları Işığında Türk Ceza Hukukunda İçtima Kavramı [Concept of Aggregation in Turkish Criminal Law in the Light of Judicial Decisions], T.C İstanbul Kültür Üniversitesi Lisansüstü Eğitim Enstitüsü, Master’s thesis, April 2019, p.4. 35 For detailed explanations regarding these opinions, see: Emrah Öz demir, Türk Hukukunda Yargıtay Kararları Işığında Fikri İçtima [Conceptual Aggregation in Turkish Law in the Light of Court of Cassation Decisions], Akdeniz Üniversitesi Sosyal Bilimler Enstitüsü, master’s Thesis, Antalya 2012, p. 17-39.; Mustafa Özen, Suçların İçtimaı (Zincirleme Suç-Fikri İçtima-Bileşik Suç) [Aggregation of Crimes (Successive Offense- Conceptual Aggregation- Compound Offenses)], Ankara Üniversitesi Sosyal Bilimler Enstitüsü, Doctoral Thesis, Ankara 2008, p.26-40.
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