Haksız Tahrik Kurumu Üzerine Bir İnceleme

Abstract

Unjust provocation; is an institution of Criminal Procedure Law which must be taken into consideration when a criminal offender commits a crime while he is under the influence of anger and deep sorrow caused by unlawful acts of the victim. In Turkish Penal Law, unjust provocation is regulated as a general disposition, therefore if its conditions are met it can be applied to all kinds of crimes. (Except for the case of incompatibility) From the standpoint of comparative law, in some jurisdictions it is regulated as a general disposition, by contrast in some other jurisdictions it is only regulated and in effect for certain kinds of crime. However even in the cases where it is not regulated as a general disposition, it is considered as a situation that must be taken into consideration while designating an appropriate penalty. In this study, commission of a crime by the criminal offender while he is under the psychological effects of the victim’s acts; the necessity of regulation of unjust provocation as a general disposition; and lastly the applications of unjust provocation in comparative law are made subjects of research.