Özet:

When an individual violates multiply to the criminal code, we are called “the plurality of crimes”. In the criminal law, more crimes require more sanctions. However, the legislator leaves “the principle of the amount of crimes which are equal to the amount of sanctions” and decides the concurrence of crimes. Although the meaning of crime concurrence is the plurality of violence that requires the plurality of crimes; which also the legislator creates only one sanction for all of the crimes. In the concurrence of crimes, there is plurality of crimes, that’s why first of all we have to determine the amount of crimes. The criteria for determining the amount of crimes is “the violence of norm”. The legislator imposes the concurrence of crimes according to article 42-44 of the Turkish Criminal Code. Article 42 includes combined crimes which refers to when a crime constitutes the element of another or the aggrative reason of other crimes. In the combined crimes, two or more crimes unite together and form the elements of a new crime or a crime constitutes the aggrative reason of another. So, the definition of article 42, which is set up by the legislator, is not succesfull. The legislator imposes the types of the combined crime in criminal code. In this way, the concurrence of crimes is composed in the code. The result of this formulation is that the crimes unite in a norm by the enactment of the legislator and the offender is only responsible for the sanction that is laid down for the combined crime, not the sum of sanctions which is imposed for every crime. On the other hand, the legislator chooses some types of crimes as the combined crimes that solve the structure of them and rules more sanctions for every crime, not only one for the combined crime. The other type of crime which is not characterized as combined crime is interconnected crime. It is processed in the chain of aim – instrument. So it is not characterized as the combined crime; the result is the offender is responsible from either aim or instruments crime

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