Ideal concurrence

Doctrine of concurrence deals with the responsibility of offender in case of multiply crimes and determining of sanction. Doctrine of concurrence relies on the difference between unity or multiplicity of act. Determining the inhalt of act concept and the differentation between unity or multiciplity of act are one of the important problem of criminal law, which discussed in development process of doctrine of concurrence. The differentation of crime unity and multiplicity and the determination of structural relation between crime types are the other important problems in doctrine of concurrence.This study focussed on ideal concurrence, which is a type of concurrence of crimes, and consist of three parts. The act concept, which plays a key function in doctrine of concurrence, will be analysed in the first part. Determining the inhalt of the act concept and identifying the position of consequence as a objective element of crime is important for ideal concurrence theory, which based on unity of act.The other problem related to ideal concurrence is that; there is more than one crime but why only one sanction. Clarifying this problem is necessary for explaining basic idea of ideal concurrence and for explaining the difference from real concurrence. However, in Turkish jurispurudence there is not any explanation in relation this matter; the justification of art. 44 Turkish Penal Code, which regulates ideal concurrence is far away to solve this problem.The ideal concurrence and the apparent concurrence are mixed in the historical development process with each other. Because ideal concurrence based on the idea, that several crimes melt in one act. Therefor, the progress of ideal concurrence in historical development of concurrence doctrine will be analysed in connection with apparent concurrence in the first part of our study.The requirements of ideal concurrence will be examined in the second part. Significant problems in field of concurrence doctrine, which was discussed over many years, are differentation of unity or multiplicity of act and idendity of act. The style of approach to the mentioned problems is directly associated with the implementation of provision, which related to ideal concurrence. For this reason, the second part consist of explanations about unity and identity of act.Special appearence types of ideal concurrence and the concequences releated to ideal concurrence are analysed in the third part.In this study, the concept of ideal concurrence is analysed with the assistance of judicature, especially, is analysed with comparatively with German law.