The crime of passion of Turkish Criminal Law

Unjust Provocation is a term that come out by taking in consideration not just the unlawful act but by taking in consideration the factors as bad psychology and mood that has influence over the perpetrator during the conduction of an unlawful legal act. Modern Criminal law by taking in consideration the act that is made as a result of the human psyc hology and mood of the perpetrator and placing importance on him, accept to reduce perpetrator's sentence. In other words unjust provocation is the reduction 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 Unjust Provocation Institution that is organized based on the Turkish Criminal Law No:765 Clause 51 and under the Turkish Criminal Law No: 5237 come up with the Clause 29 "Exculpate of the Penal Res ponsibility and the Decreasing Causes". Both the codes in general does envisioned the reduction of the punishment by taking in consideration the effect that might be by the psychology and mood of the perpetrator over the committed act. The entry into force of the new Turkish Criminal Law No:5237 has removed the difference between the slight and grievous provocation. In this case the rate of viii reduction of the punishment increases. The intention of the new code is to prevent the misapplication over the crimes committed in consequence of ethic and honor behavers. The aim of this study is to compare the unjust provocation by taking in consideration and making a comparison between its previous and new regulations and benefiting from the Supreme Court decisions and enlarge upon and clarify this matter as much as possible. Another aim of this study is to clearly explain and clarify the unjust provocation institute in order to prevent different misapplication and misunderstandings and make a contribution to the practi ce and theory.