DoctorateOpen Access

Single act in aggregation of offences

2023
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Advisor: Dr. Öğr. Üyesi Ömer Çelen

Abstract (EN)

The main aim of our study is to reveal why there is a need for a separate act concept with its countable quality in criminal law, how this concept (singleness) is determined by the dominant opinion, and what our opinion is on this issue. In criminal law, there are three different concepts of act with different aims and scopes. In act in aggregation of offences (joinder of offences), that is one of them, the distinction between single act-plural acts is more important than the definition of the concept of the act. In addition, the field of implementation of this distinction is not limited to the doctrine of aggregation of offences. In many matters in criminal law, assessment of whether movements constitute a single act is necessary. Even if there is no explicit reference in these assessments, the singleness of the act in aggregation of offences is taken as a basis, because the single act has two basic functions: to determine the number of offence and to separate the cases in which there are more than one offence. In the first part of our study, the basic institutions of the doctrine of aggregation and the concept of three different acts in criminal law are explained. Thus, a conceptual framework is revealed. In the same section, it is stated that even if there is no positive regulation that accepts the distinction between real concurrence and ideal concurrence, the distinction between a single act and plural acts is necessary. In the second part, it is mentioned that the appearance forms of the single act, the identity assessment of act/acts, and the relationship between the single act and identity. In this context, the determination of the single act based on partial identity is criticized and it is stated that the single act should fulfill the task of determining the number of offenses and distinguishing between the cases in which there are more than one offense without an additional assessment. In addition, it is accepted that the single act has more than one appearance form, but that it should be determined mainly according to temporal connection and similarity of movements. In the third chapter, the relationship between the single act and the other criminal law institutions and the results of the single act are determined.

Author

Ahmet Kılıç

How to Cite

Ahmet Kılıç (Doctorate thesis). Single act in aggregation of offences, 2023, Ankara Yıldırım Beyazıt University.

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