Unjust provocation in Turkish Penal Code

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.On 1th June 2005, after the coming into force of New 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.Keywords: Provocation, Unjust Provocation, Act of Reactio, Anger or Intensive Pain, Special Unjust Provocation, Reaction act, Insult.