CONCURRENCE OF CRIMES IN CRIMINAL LAW

In criminal law, situations where crimes are committed multiple times or in different ways are crucial for ensuring the correct application of the law. The concept of ideal concurrence of crimes is a key element in regulating these situations and providing solutions to complex problems encountered in criminal law practice. In this article, we will examine the concept of ideal concurrence of crimes in depth, offering a comprehensive theoretical and practical assessment.

What is Intellectual Assembly?

Ideal concurrence of crimesrefers to the situation where a perpetrator commits more than one crime with a single act or acts that are closely related. Within the framework of the Turkish Penal Code (TCK), ideal concurrence of crimes is an important concept that determines how the same or different crimes are dealt with.

Definition and Fundamental Principles of Intellectual Concurrence

• Multiple Acts in a Single Crime: The concept of concurrent offenses arises when the same crime is committed more than once. This means that a perpetrator commits the same type of crime multiple times.
• Simultaneous Commission of Different Crimes: The principle of concurrent offenses can also be applied when different crimes are committed together. This refers to a situation where the perpetrator commits more than one type of crime simultaneously.
• Relationship and Timing of Crimes: Crimes committed in close proximity to each other and in relation to each other fall within the scope of ideal concurrence of crimes. The manner and timing of the commission of crimes play a significant role in the application of criminal law.

Types of Intellectual Gatherings

Conceptual association can generally be examined in two main types:

1. Direct Intellectual Congregation

• Definition: This refers to the situation where the same crime is committed multiple times. For example, one person beating the same person several times.
• Application: In such cases, the offenses are considered as a single crime. The punishment is determined for one crime, and no additional punishment is given for the other offenses.

Example: A person repeatedly steals items from a store. Each act of theft is not evaluated individually; it is considered a single offense and a single penalty is determined.

2. Indirect Intellectual Socialization

• Definition: This refers to situations where different types of crimes are committed together. For example, a person committing theft and injuring someone in the process.
• Application: In such cases, a collective penalty is determined for different offenses. The penalty is determined and applied taking into account each of the offenses.

Example: A person robs a house and injures the homeowner during the robbery. In this case, a total sentence is determined by considering both the robbery and the injury offenses.

Legal Basis and Regulations of Intellectual Concurrence

In the Turkish Penal Code, the concept of concurrent offenses is regulated within the framework of specific rules of criminal law. Concurrent offenses are examined according to the relevant articles of the Turkish Penal Code:

Article 43 of the Turkish Penal Code – Punishment to be Imposed for a Crime

• Explanation: When the same crime is committed multiple times, a single sentence is determined. This prevents the perpetrator from receiving a separate sentence for each criminal act.

Article 44 of the Turkish Penal Code – Punishment to be Imposed for Multiple Offences

• Explanation: In cases where different crimes are committed together, penalties are determined collectively. The penalty is determined by considering the manner in which the crimes were committed and the relationship between them.

Elements of Intellectual Socialization

The concept of social interaction is evaluated according to several important factors:

1. The Relationship Between Crimes

• Types of Relationship: The degree to which the crimes are close to each other and the relationship between them plays a critical role in evaluating the concept of concurrent offenses. The frequency and types of the crimes are taken into consideration.

2. Types of Movement and Crime

• Multiple Offences by a Single Act: This assesses whether a single act or a closely related series of acts constitutes multiple offenses.
• Different Types of Crimes: In cases where different types of crimes are committed together, each crime may need to be evaluated separately.

3. The Perpetrator's Mental State

• Intent and Consciousness: The perpetrator's intention to commit the crimes and their knowledge of the consequences play a significant role in evaluating the possibility of concurrent offenses. Whether the perpetrator committed the crimes consciously or unconsciously is examined.

Intellectual Concurrence and Criminal Liability

The principle of concurrent offenses plays a significant role in determining criminal liability. Criminal law applies specific rules regarding how penalties are determined in cases of concurrent offenses:

1. Punishment for a Single Offense

• Simultaneous Commencement of the Same Offence: When the same offense is committed more than once, all actions are considered a single offense, and a single penalty is determined.

Example: A person unjustly beats the same person multiple times. In this case, a separate penalty is not given for each act of beating; only one penalty is determined.

2. Determination of Punishment Collectively

• Concurrence of Different Crimes: When different crimes are committed together, the punishment is determined collectively by considering each crime individually. The punishment is determined according to the manner in which the crimes were committed and the relationship between them.

Example: If a person has committed both theft and assault, a combined sentence will be determined for both offenses.

3. Increases and Decreases in Penalties

• Increased Sentence: In cases of concurrent offenses, an increase in sentence may be applied. If the perpetrator has committed more than one crime, the sentences may be increased and a total sentence determined.
• Sentence Reduction: In some cases, a reduction in sentence may be applied due to the principle of concurrent offenses. The sentence is determined by considering the manner in which the offenses were committed and the perpetrator's intent.

Conceptual Concurrence of Events in Judicial Decisions

The concept of concurrent legal proceedings plays a significant role in judicial decisions. Court of Cassation precedents provide examples of how concurrent legal proceedings are evaluated and are taken into account in practice

1. Supreme Court Case Law and Practices

• The Perpetrator's Knowledge and Intent: In evaluating the concept of concurrent offenses, the Supreme Court considers the perpetrator's intention to commit the crimes and the relationship between the offenses. This is an important factor in determining the severity of the punishment.
• Relationship Between Crimes: The Supreme Court is careful in determining the punishment, taking into account factors such as the frequency and types of crimes committed.

2. Sample Decisions and Case Law

• Example Decision 1: If a person has committed both robbery and threat, the Supreme Court will ensure that both crimes are evaluated together and determine a total sentence.
• Example Decision 2: In a case where the same crime is committed multiple times, the Supreme Court considers the crimes as a single offense and determines a single sentence.

Conclusion

The concept of concurrent offenses is an important concept in criminal law that refers to the situation where multiple offenses are committed with a single act or with closely related acts. Concurrent offenses play a critical role in the classification of crimes and the determination of penalties. In cases where the same crime is committed multiple times or different crimes are committed together, criminal responsibility is determined according to the rules of criminal law. Understanding the concept of concurrent offenses is an important step in evaluating crimes and ensuring justice.