The crime Of passion Of Turkish Criminal Law
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Abstract (EN)
Modern criminal law should take into consideration the reason of criminal offence commitment of a crime. In consideration with the principle of subjectivity of the act. The reason is that these events affect defendant?s psyholojical structure. Psyhology is important for Modern Criminal Law; human being is the main material of the Modern Criminal Law. The Criminal Court sets high value to the human psycology. According to Modern Criminal Law if defendants commit on offence under the crime of possion their punishment will be decreased by the Court. The reason is that humans? mental situation is important for Criminal Law.Crime of Passion based on violence. Defendant commits this offence under the effect of pain. This effect is taken into consideration by Modern Criminal Law. Crime of Passion is defined as commiting a crime under the effect of anger and pain, which appears due to tort of conspiracy. The reason is that defendant?s psycology can be under the effect of anger and affliction. Therefore all these factor create tendency for commiting a crime. Morever, defendant and victim do not share same responsibility from the crime in question.The reason is that decrease of defendant?s crime is a fair and proper legal assessment.In order to talk about crime of passion there should be tort of conspiracy which is caused by the victim. This tort of conspiracy should create anger and violent temper at the defendant in question. Defendant shoul react this instigation. Thus, there is chain of causation between victim and defendant.
Author
Onur Çam
Institution
How to Cite
Onur Çam (Master Thesis). The crime Of passion Of Turkish Criminal Law, 2008, Çankaya University.
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