Within the scope of the study, as a result of the fact that the transaction-based market fraud (manipulation) crime and the misdemeanor of the market disruptive action can be committed with common acts, it has been tried to determine under which conditions the crime ande the misdemeanor will be deemed to have been committed.The need for this determination is due to the fact that an accurate determination has not been made in the literature and case law on the subject as to which of the two penalty norms will find the application area. However, in the secondary regulations of the administration, it has been seen that both penal norms are almost intertwined, and the direct result of the acceptance of the prosecution condition, in which the prosecution of the crime is dependent on a positive report to be prepared by the administration in this direction, is the danger of making inaccurate determinations by the administration. For this reason, both the unconstitutionality of the prosecution condition and the interpretation of the penal norms by the administration has been evaluated within the scope of the principle of legality of crime and punishment. As a result of the study, it has been determined that both penal norms differ in terms of the result element. It can be stated that if the benefit is obtained, the crime will be committed, and if the benefit is not obtained, the misdemeanor will be committed.