Zincirleme Suç

Abstract

Developed in order to eliminate the severe consequences caused by the principle of cumulation of punishments and owing its existence to the humanization of the penal system since the Enlightenment period, the successive offence intensively shows its feature in favor of the perpetrator in Turkish criminal law where the cumulation system is valid. Firstly, general information on the concurrence of offenses and its main problems are discussed in this study. After briefly explaining the dogmatic position of the concurrence of offenses and the concurrence systems, the main problems of the doctrine of concurrence, namely the distinction between “unity and multiplicity of act” and “unity and multiplicity of offense”, are emphasized. Within the scope of basic information about successive offense, the discussions on the legal nature of the institution, the reason for imposing a single penalty on the perpetrator in case of successive offense, the criticisms against this institution and the difference of successive offense from similar institutions are included. In the section examining the conditions of the succesive offense, the objective and subjective conditions required by the law for the formation of this institution are discussed under separate headings. The legal nature, conditions, controversial points and the consequences of the type of concurrence, which regulates the commission of the same offense against more than one person with one act in paragraph 2 of Article 43 of the Turkish Penal Code, are also examined. The provisions in which the crimes constituting the successive offense are considered as a whole and evaluated independently of each other, and the relationship of successive offense with other criminal and criminal procedure law institutions are given in detail in the fourth section.