Master'sOpen Access

Unfair provocation

2007
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Advisor: Prof.dr. İzzet Özgenç

Abstract (EN)

The unfair provocation, which is announced in Turkish Criminal Codenumber 765 restructured in new Turkish Criminal Law number 5237 andreformed in line with the necessities of modern criminal lawCriminal Laws consider not only the punishment written on the codeitself but also consider the human spirit which is the only source of humanbehavior. The temporary situation of excitement and affliction which result intotally or partly elimination of the comprehension capacity is accepted as areason of reduction of punishment in such a case of unfair provocationsituationThe reason of unfair provocations lighten the punishmentresponsibility; with its effect, free willpowers falling down. A person, exposedprovacation, who was supposed to show patience in spite of making acrime, has criminal responsibility. But provacation, brokes patience andpower of resistance, because of affecting his/her willpower by becoming furyand heavy pain (suffering) . but this occasion doesn?t make responsiblehimself/herself such as calm criminers; so this not compatible with moderncriminal law.The provacation, which was written on above opinion and arranged(establish) in Turkısh Criminal Law with a general lightening condition. So theresult of provacation, if a person make a criminal event because of fury andheavy pain, person?s punishment will be reduced by stated rations accordingto Turkish Criminal Codes 29 th article.

Author

Dr. Gökalp İzmir

How to Cite

Gökalp İzmir (Master Thesis). Unfair provocation, 2007, Gazi University.

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