The Provocation to an Unpremeditated or Affective Intention

• Author: Alexandru Marit, Georgian Dan
• Position: USEM, Republic of Moldova - IPJ Galati, Romania
• Pages: 193-203

Unpre

1

USEM,

Re

2

IPJ Ga

Abstract: Within the article,

t

concludes that it represents a

con

perpetrator or another person.

In

was in a

strong state of agitation

consequences of his action,

whic

fact that the commitment

of a cri

Keywords:

provocation; intentio

In the current vocabulary of the 1

will be defined as "

action of p

behavior of the victim, thus, that

about which we can

say they are f

From the point of view of the l

observed that the provocation i

psychical result.

(Defferrard, 200

Thus, the legislator sometimes e

repression to be risked, it is nece

intention and the motive had by t

of a provoking nature, after wh

interest

1

…

Thus the provocation is

a plot

(Carbonier, 1952) be it as a

mate

law and by which it is sustained t

1

Civ. 2e, 8 mars 2001, D. 2001, IR 1077

2

About this matter it is noted the fact

especially when it is in itself a crime, bu

The Provocation to an

premeditated or Affective Intention

Alexandru Marit

1

, Georgian Dan

2

Republic of Moldova,

george_dge@yahoo.com

Galati, Romania

, george_dge@yahoo.com

the author

examines the crime committed in a state of

conscious

and deliberate response to the provocative act,

comm

In

this context, the author underlines the fact

that the perpet

ion

or emotion which diminishes his inhibitory power,

he repr

hich

he seeks or accepts and wishes to accomplish, but,

amon

crime in a state of provocation excludes the unintentional form

tion; crime; motive; mitigating circumstance; perpetrator; viol

e 12

th

century, provocation

comes from the Latin w

f provoking

, meaning a personified process throu

hat victim is the one who composes a fact or an as

re forming and instituting themselves”.

(Grand, 199

e legislative technique adopted through the respe

n is considered both as accomplishment procedu

002, p. 233)

s envisages a procedure simply called “the act of

ecessary that the plot of the provoker, not taking in

y the carrier in order to provoke such an outcome o

which to undertake and to commit an action opp

lot

which the cr

iminal law incriminates as an

aterial

or formal

1

crime, which involves a generati

d to be

instituted necessarily

a causal and injurious

77. Dans le meme sens, Crim., 29 oct. 1936, Bull. Crim., nr. 1

act that sometimes the provocation is elevated to the rank

but, in some cases, the legislator, in particular, can

not punish

Legal Sciences

193

om

provocation, and

mmitted

against the

petrator

, although it

epresents the

natural

ong

others, also the

rm of that crime.

iolence

in word

provocatio and

rough the provocative

assembly of raw facts

992, p. 864)

spective law, it can be

dure and as p

roduced

of provoking". For the

into consideration th

e

e or state of mind, to be

pposite to a protected

an

autonomous crime

2

ating fact stated by the

us report.

r. 104.

nk of

„autonomous crime”,

sh some provocations which