Türk Ceza Hukukunda Haksız Tahrik

Crime of passion is defined in Article 29 of Turkish Criminal Code No. 5237. Because of affecting faultiness, crime of passion which reducts punishment is personal, legal and general rule. 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. 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. On 1th June 2005, after the coming into force of Turkish Penal Code, like the other criminal issues, it has been made some new regulations regarding to unjust provocation and naturaly these new regulations are followed by new case-law. When the frequency of the application of unjust provocation in practice and the number of the decisions which were overrided by the Court of Cassatıon in the past because of wrong application of unjust provocation, are taken into account, the importance of the unjust provocation for the Turkish Criminal law will appear. In this context, there is an essential need to ascertain its nature and to introduce its limits clearly. The aim of this study is first to explain what is unjust provocation and how it is applied which is faced frequently in practice, and secondly to find out the mistakes and defects in practice and finally to suggest proposals to over come those mistakes and defects.