Unjust provocation
Committing an offence under the influence of anger or severe distress caused by an unjust act. The penalty is reduced; 12–18 years’ imprisonment is imposed instead of life imprisonment.
The penalty of a person who commits an offence under the influence of anger or severe distress caused by an unjust act is reduced (TCK 29). Unjust provocation is a ground for reducing the penalty; it does not remove the offence.
Penalty
- 18–24 years instead of aggravated life imprisonment,
- 12–18 years instead of life imprisonment,
- for other offences, a reduction of one quarter to three quarters of the penalty.
Conditions
- There must be an unjust act by the victim or another person. Lawful conduct does not constitute provocation.
- The offender must act under the influence of the anger or severe distress caused by that act.
- There must be a connection between the unjust act and the offence during which this influence continues. The rate of reduction is determined according to the seriousness of the unjust act.
Difference from discretionary mitigation
Unjust provocation is a ground listed in the law that relates to how the offence was committed. Discretionary mitigation is based on grounds assessed by the judge, such as the offender’s background, remorse or the effect of the penalty on their future, and may be applied in addition (TCK 62). Superficial conduct by the offender at the hearing that is aimed at influencing the court is not a ground for discretionary mitigation.