Ceza Hukukunda kadın ve haksız tahrik

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Thesis Type: Postgraduate

Institution Of The Thesis: Galatasaray Üniversitesi, Hukuk Fakültesi, Kamu Hukuku, Turkey

Approval Date: 2017

Thesis Language: Turkish

Student: CEREN MERMUTLUOĞLU

Supervisor: VESİLE SONAY EVİK

Open Archive Collection: AVESIS Open Access Collection

Abstract:

Unjust provocation is a frequently resorted ground for mitigating criminal liability for the crimes committed against women. According to Article 29 of the Turkish Penal Code, the perpetrator's criminal liability is mitigated for the crimes committed against the victim, who conducted a provocative and unlawful act, provided that the perpetrator has been acting under anger or severe distress arising from the unlawful act. In order for the perpetrator is considered as she/he acted under unjust provocation, firstly, the victim of the reactive crime should have committed an objectively provocative and unlawful act against the perpetrator. Secondly, this provocative and unlawful act must cause anger or severe distress. Finally, the perpetrator must commit the reactive crime under the influence of this psychology, which is caused by the victim's act. In this dissertation, the unlawful provocation is analysed in its relation with self-defence, honour crimes, premeditation and discretionary mitigating grounds, considering that these are the critical issues concerning the practice of unjust provocation with respect to cases concerning women. While analysing whether there is a sexist practice for the crimes committed against women, self-defence is examined within the context of the act of a battered woman killing her abuser while he was in a passive condition and not currently using violence, for the comparison.