Abstract:

In the Turkish Penal Code, unjust provocation is regulated as a reason that reduces criminal responsibility. The rage or severe pain arising from the tort affects the offender's ability to culpa. The offender, whose ability to control her behavior is weakened, also reacts to against the victim. It is argued that in almost all of the committed against women, especially wilful murder, is committed with the effect of unjust provocation. With the erroneous evaluation of the elements of unjust provocation, there is a perception that discrimination is made in favor of the male offender. What acts that may cause rage or severe pain will be considered tort; what rage or severe pain should have resulted from the tort; what criteria should be taken into account in order to determine the tort and rage or severe pain in the concrete case; When there is a clear disproportion between the tort and the reaction, the differences in interpretation on the extent to which the unjust provocation institution will affect the criminal responsibility may lead to legally unsatisfactory decisions in favor of the male offender. This situation causes the institution of unjust provocation to be perceived as a reduction in masculinity, thus reducing the effectiveness of the criminal law in crimes against women.

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