59 Union of Turkish Bar Associations Review 2022 Bahar TOPSAKAL although each bodily action performed constitutes a separate movement, the issue that is meant to be expressed by the fact that the movement is single in the legal sense is different. Accordingly, even if there is more than one act performed, these acts form unity in the evaluation due to legal reasons and are hereby accepted as a single act. 36 In other words, although more than one action is taken during the commission of some crimes, these behaviors constitute a single act in the legal sense specified in the legal definition of the crime. 37 III. Implementation of the Principle of Aggregation for the Crime of Disturbing Individuals’ Peace and Harmony As stated above within the explanations regarding the crime of disturbing individuals’ peace and harmony, the said crime is accepted as a “general and complementary” crime in the doctrine by some authors and in some decisions of the Court of Cassation. According to this opinion, if the actions of the perpetrator constitute any other crime, first of all, the evaluated shall be made within the scope of the relevant crime, and in this case, the perpetrator shall not be separately convicted of the crime of disturbing individuals’ peace and harmony.38 Although the Court of Cassation has mostly justified the said practice within the framework of the principle of conceptual aggregation, 39 it is not acceptable to define the crime as a general and complementary type of crime and, hereby, to introduce a condition of occurrence incompatible with the condition of legality, namely that the act not constitute another crime, and to implement conceptual aggregation rules without performing a rigorous evaluation in terms of the sameness of the movement. Because, as mentioned under the relevant headings above, the existence of an act that can be considered as a single act in the legal sense 36 Assemly of Criminal Chamber of Court of Cassation, 2019/14-44, 2020/510, 12/8/2020, www.kazanci.com 37 Mahmut Koca/İlhan Üzülmez, Türk Ceza Hukuku Genel Hükümler [Turkish Criminal Law General Provisions], 14. Baskı, Seçkin Yayıncılık, Ankara 2021, p. 492. 38 Kocasakal, p. 131. 39 “Without considering that the crime of disturbing peace and harmony would not occur according to the conceptual aggregation rules, since it is accepted that the accused had insulted and threatened the intervening party by telephone, calling and texting...” (4th Criminal Chamber of Court of Cassation, 2012/16788, 2013/30595, 6/3/2013, www.kazanci.com)
RkJQdWJsaXNoZXIy MTQ3OTE1