TCK Article 29: The penalty of the perpetrator who commits a crime under the influence of anger and severe pain due to the tort of the victim is reduced.
Conditions
- Tort caused by the victim
- Anger and severe pain
- Causation between provocation and crime
- Reaction within the period (time limited)
Discount Ratio
- Aggravated life imprisonment → 18-24 years
- Life imprisonment → 12-18 years
- Other penalties: 1/4 - 3/4 reduction
Typical Examples
- Catching and killing someone else in bed with his/her spouse
- Assault on a family member after swearing
- The victim defense after his first resort to violence
Supreme Court 1. CD and CGK
1. CD and CGK accept that unfair provocation must be "proportional and timely response", and that no discount will be applied for reactions received after a long time.
Criminal defense is recommended.