The Act Singularity in the Scope of Conceptual Aggregation in Turkish Criminal Law

Authors : Burak Taş

Pages : 207-228

Doi:10.60002/ebyuhfd.1410454

View : 92 | Download : 91

Publication Date : 2024-06-28

Article Type : Research Paper

Abstract :The scope of concept of the act in criminal law is highly controversial. This discussion proceeds on two grounds. Although it is generally accepted that the concept of act expresses the conduct in Turkish doctrine and the Turkish Penal Code No. 5237, the other view argues that the concept of act expresses the conduct, result and causal relation. These differences of view create a problem in explaining the concept of singularity of act in conceptual aggregation. In the study, the concept of singularity of act has been tried to be explained on the basis of conduct and opinions on singularity of act are given. In this context, as a requirement of the criminal justice that the TPC aims to establish, it has been concluded from these opinions that singularity of conduct in the legal sense should be applied. In the end, it’s concluded that to ensure unity in practice, the Court of Cassation should clarify this issue with a decision on the unification of conflicting judgments on an important issue related to personal freedom.
Keywords : Fiil, Hareket, Netice, Fiil Tekliği, Fikri İçtima