As Özkök Law Firm, we will examine in detail the frequently encountered “unjust provocation” and sentence reduction issues in the crime of wounding, which is one of the complex and sensitive issues of criminal law. In various situations that can occur in daily life, is it possible to reduce the sentence due to unjust provocation in wounding crimes? Let’s examine the answer to this question and the legal dimensions of unjust provocation together.
What is Unjust Provocation?
Unjust provocation is a reason for sentence reduction regulated in the Turkish Penal Code (TCK) that reduces the criminal responsibility of a person if he/she commits a crime under the influence of anger or intense grief caused by an unjust act. In other words, an unjust act against a person can cause this person to become angry and lose control, leading to the crime. In this case, a reduction in the person’s sentence may be possible.
tr.wikipedia.org
tr.wikipedia.org
Unjust Provocation in the Crime of Wounding
The crime of wounding is the act of intentionally harming a person’s physical integrity or health. If there is unjust provocation in the commission of this crime, it is possible to reduce the sentence of the perpetrator. However, certain conditions must be met for the existence of unjust provocation.
Existence of a tort: A tort that causes the perpetrator to commit the crime must have occurred. This act may be directly directed at the perpetrator or may be committed against the perpetrator’s relatives or people he/she values.
Emergence of anger or severe distress: The tort must create an immediate and intense feeling of anger or severe distress in the perpetrator. This feeling must be directly proportional to the commission of the crime.
Immediate commission of the crime: The perpetrator must commit the crime immediately while under the influence of anger or severe distress. This effect will decrease over time and the possibility of applying an unjust provocation reduction will also decrease.
Scope of Unjust Provocation Reduction
The amount of the penalty reduction to be given due to unjust provocation will be determined by the judge according to the nature of the incident and the personal characteristics of the perpetrator. The TCK has determined a general reduction rate for the sentence to be given in the case of unjust provocation. However, the judge may decide on a lower or higher reduction by evaluating all aspects of the incident.
Unjust Provocation and Evaluation Together with Other Reasons
Unjust provocation can be a reason for a reduced sentence on its own, but it can also be evaluated together with other reasons. For example, if the perpetrator is under the influence of alcohol or drugs, the effect of the unjust provocation can increase and result in a greater reduction in the sentence.