Unjust provocation in Criminal Law

Modern criminal law not only takes into consideration the perpetrater?s commitment as a crime provisioned by law, but also the factors affecting crime and human spirit which is the only source of a person?s behavior. Assuming the opposite means to accept the human being, who lives in a community, is in continuous interaction with other people and also has a psychological aspect, not being affected by external factors and completely to deny the spiritual and psychological aspect of him.As a result of the value given by the criminal law to the human psychology and as a result of the value attached by law which leads to the state of mind by the effect coming from outside, punishment of the perpetrator who commits a crime under an unjust provocation is mitigated. This ?unjust provocation? in criminal law is one of the most important forms that the philosophical understanding impersonates to a corporate identity.As in our previous Criminal Code, unjust provocation which is regulated within the general provisions of new Turkish Criminal code numbered 5237 is one of the important tools of individualisation of the punishment and its adaptation to the personality of the criminal. Unjust provocation, a general palliative cause, is mitigation of the punishment within the ratios regulated in law of the perpetrator who commits a crime under the anger and violence emerged from an unjust action. The aim of this study is to compare the unjust provocation which gains importance as a result of abolishing the difference between grievous provocation ? light provocation with its previous and new regulations and benefiting from the case law of the Court of Cassation to explain neatly and thereby make contribution to the practice and theory.Key Words: Tort, Unjust provocation, Dander or Severe Pain, Special Unjust Provocation, Provocation, Defamation, Counter Action, Counter Crime.