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Act Uniqueness- Act Plurality

Act Uniqueness- Act Plurality

The Court of Cassation, in its decisions given during the YTCK period, accepts that intellectual aggregation may be in question in cases where more than one result occurs with one act, and accepts that what should be understood from a single act is not a single result, but a single act, In practice, the generally accepted ideas of the doctrine have been adopted, and although each physical act performed in the natural sense constitutes a separate act, what is meant to be expressed by the unity of the act in the legal sense is that even if there is more than one act in the natural sense, these acts are accepted as a single act by creating unity in the evaluation for legal reasons.

In intellectual aggregation, the unity of the act or movement expresses unity in the LEGAL sense, not in the natural sense. Although we have used the title of uniqueness of act-multiplicity of act since Article 43, paragraph 2 and Article 44 of the TPC mentions the commission of more than one crime with one act, we should state that what is meant by act here is movement and this title should be understood as uniqueness of movement-multiplicity of movement. Except for the chain crime relationship
As a matter of fact, in order to be able to speak of a relationship of aggregation, the act must be single, and since there cannot be a relationship of aggregation if the act is more than one in real terms, it is necessary to first explain what should be understood from the concept of uniqueness of the act, which is the most important starting point of aggregation, and at this point, the situations where the act is assumed to be single, except for the case of uniqueness in real terms, should be explained separately.

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