The Provocation to an Unpremeditated or Affective Intention

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

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