67 Union of Turkish Bar Associations Review 2022 Bahar TOPSAKAL tion of the article that the crime was of a general and complementary nature. In light of these facts, it is not appropriate to accept an issue that is not mentioned in the text and justification of the article as a quality-element of the crime, and to create a jurisprudence and opinion with the justification that “the act should not constitute another crime”, especially in terms of aggregation practices. In our opinion, in the event that other crimes come to the fore together with the crime of disturbing individuals’ peace and harmony, the issue of whether the actual aggregation rules or conceptual aggregation rules will be applied should be determined according to the singleness of the act within the framework of the sameness of the acts. Accordingly, if there are groups of acts that do not form singleness in the evaluation, the perpetrator should be convicted of both the crime of disturbing individuals’ peace and harmony and the other related crime by applying actual aggregation rules, if the conditions are met.51 In practice, in our opinion, it is not fair in terms of criminal justice to establish a verdict for another related crime on the grounds that the crime of disturbing individuals’ peace and harmony is a general and complementary crime. Again, contravening the criterion of the singleness of the act and making an evaluation only for the intent of the perpetrator does not comply with the general principle of the aggregation rules. Therefore, we believe that it is necessary to prevent the acceptance of crime as a general and complementary type of crime, without prejudice to the principle of legality in crime and punishment, and in this context, the aggregation rules should be evaluated within the framework of the “singleness of the act” criterion. References Books Akbulut Berrin, Ceza Hukuku Genel Hükümler [Criminal Law General Provisions], Adalet Yayınevi, Ankara 2021 51 In the doctrine, Şen points out that in cases where crimes such as insulting, threatening and disturbing individuals’ peace and harmony are committed together, the provisions of actual aggregation should be applied. (Ersan Şen, Yeni Türk Ceza Kanunu Yorumu [Commentary of New Turkish Criminal Code], İstanbul 2006, p. 521)
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