64 Evaluation of Actual Aggregation and Conceptual Aggregation Rules in Terms of the Crime ... 4- ) If the vehicles of motor vehicle drivers make noise in a way to disturb the people around them, if the noise does not have the qualifications described in the paragraph (1) above, in accordance with the aggregation rules in Article 15/1 of the Law No. 5326, the heavier administrative fine of the fines specified in article 30/b of the Highway Traffic Law No.2918 and in Article 36 of Law No. 5236 must be imposed.” According to this, even if the noise is made only for the purpose of disturbing the peace and harmony, if it is capable of harming the health of another person, the penalty of the crime with the heaviest penalty between the crimes defined in Articles 123 and 183 of the TCC must be imposed in accordance with conceptual aggregation rules. In our opinion, the aforementioned pre-acceptance is not appropriate in terms of conceptual aggregation rules. Because, in order for the conceptual aggregation rules to be applied, first of all, there must have been a single act and this single act must have caused more than one different crime to be committed. However, according to the acceptance in the above-mentioned decision, it is not possible to say that the acts constituting the crimes can always be considered as one in the legal sense. In other words, the complete sameness may not always come to the fore here. For example, assume that the perpetrator owns a manufacturing factory and there is an apartment adjacent to this small factory, that the perpetrator has made noise above the legal level on five different nights, and that all of this noise is capable of harming the health of the resident of the adjacent apartment. In such a case defined above, it is clear that there is complete sameness in terms of acts and that the acts causing the crimes are common in terms of all related crime types. In this case, since there is an act that can be considered as a single act in the legal sense, the provisions of the conceptual aggregation will be applied and the penalty of the crime with the heaviest penalty among the related crimes will be imposed. 47 But assume that only two of the noises made by the same perpetrator on the nights of five different days are capable of harming the health of the resident 47 “According to the current system of the TCC, conceptual aggregation of different kinds provisions can be applied if the conditions are met for the crimes of causing noise and of disturbing individuals’ peace and harmony.” (Gülsün Ayhan Aygörmez Uğurlubay, Çevreye Karşı Suçlar-Türk ve Alman Çevre Ceza Hukukunda Güncel Sorunlar [Crimes Against the Environment-Current Issues in Turkish and German Environmental Criminal Law], Yetkin Yayınları, 2015, p. 477)
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