65 Union of Turkish Bar Associations Review 2022 Bahar TOPSAKAL of the flat, and the other three are noises that only 48 are only capable of disturbing the peace and harmony. In such a possibility, in our opinion, there are two separate sets of acts: Accordingly, since all acts are not common in terms of all related crimes, the provisions of actual aggregation should be applied, and if the conditions are met, both the penalties of the crime of disturbing individuals’ peace and harmony and the crime of causing noise should be imposed. Moreover, in the doctrine, it is stated that the key concept in the assessment of conceptual aggregation in terms of the crime of causing noise, as exemplified above, is the “singleness of the movement”.49 On the other hand, in the decision 2014/20501 merits and 2014/32250 decision of 4th Criminal Chamber of the Court of Cassation in which assessment for aggregation was made in terms of the crime of disturbing individuals’ peace and harmony, it was stated that; “The crime of disturbing individuals’ peace and harmony is a general and complementary crime. It is argued that the crime of disturbing individuals’ peace and harmony will not be committed if the acts that must be carried out in order for this crime to occur, constitute the commission of another crime. In the concrete case, it was understood that the accused ... using the phone number 05332850322 had disturbed the intervening party by constantly and persistently calling the phone number 05398529621 used by the intervening party, and that had taken actions to disturb the intervening party, who had rejected his marriage proposal, and to force her to do what he had wanted. In our opinion, in the event that the perpetrator’s single act causes more than one result, undoubtedly, if the act was committed with a single intent, he must be held responsible for the crime with the heaviest penalty within the scope of Article 44 of the TCC, and if the intent of the accused is directed to the commission of both crimes, even if there is single act, conceptual aggregation rules cannot be applied and it must be accepted that the two crimes were committed separately. It must be accepted that the accused acted with the intention of both disturbing and insulting in the actions he took after the marriage proposal was rejected by the intervening party, and that, even if the accused’s acts were considered as a single act, the accused has separate intents 48 Here, in terms of the crime of disturbing individuals’ peace and harmony, the fact that whether the perpetrator’s actions is directed to a specific victim, and the specific intent to disturb the individuals’ peace and harmony should be evaluated separately in each concrete case. 49 Karakurt Eren, s. 108.
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