Unjust provocation in Turkish Criminal Law

ABSTRACTUnjust Provocation is comitting crime due to the pain caused by civil wrong. To consider an act being committed under unjust provocation the following conditions are necessary; there must be an unlawful act causing unjust provocation; this act must induce pain and severe irritation; the reason behind committing crime must be this mood or temper; the civil wrong must be committed by the victim himself or the victim must have the responsibility of preventing this act, and the reactionary crime must be directed towards the person who committed the crime. Unjust Provocation is not a reason eliminating the ability of fault. However, the satate of unjust provocation causes the decrease in the ability of fault of the guity person due to its negative effect on his capacity of reasonable behaviours. Therefore, committing crime in consequence of the temper and severe pain is considered a reason for alleviating penal liability.The article 29 of Turkish Penal Code is arranged as a reason to alleviate penal liability for those crime which are applicable by its very nature . In our legistlation, there is a mention of some cases of specific unjust provacation regarding some crimes. First of these is the specific unjust provocation which is arranged in the article 129 of Turkish Penal Code; the second one is the state of specific unjust provocation arranged in Military Penal Code. The article 29 of Turkish Penal Code is applied in some cases where there is no specific unjust provacation.