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Перевод: provocation
[существительное] побуждение; вызов ; подстрекательство; провокация ; раздражение [существительное]
Тезаурус:
- Intoxication is plainly outside the test: if the provocation was not enough to lead an ordinary sober person to do as D did, then the essence of D's defence is intoxication rather than provocation.
- England's fortunes under Mike Gatting had been varied, losing relentlessly at home, carrying all before them in a triumphal tour of Australia, narrowly losing a World Cup final they should have won and then having their captain, under great provocation, address naughty words to a Pakistani umpire.
- The idea was that only an extremely grave provocation ought to mitigate a killing with a deadly weapon, whereas a lesser provocation might be allowed to mitigate other killings.
- The Australian initiative was rejected both by the Privy Council and the English courts, largely on the grounds that the common-law precedents were not compelling, that the full defence of self-defence should be applied indulgently in favour of those who use such force as they instinctively think necessary, and that the doctrine of provocation might be used to accommodate other cases.
- The use of the word "miserable" was a deliberate provocation of the obvious and did little but invite criticism.
- The word "involuntary" is therefore used merely to distinguish these killings from ones which have the necessary intent for murder but which are reduced to manslaughter by one of the doctrines just considered, such as provocation or diminished responsibility.
- But traces of it remain, since a jury must still be asked not merely whether the reasonable man would be provoked to lose self-control, but also "whether he would react to the provocation as the accused did".
- When Awlad Amira took control of the popular committees a few months later, ousting Mannaia from office, Umar al-Abairsh and his supporters alleged that they could have done so only with Tibbu support; they said only Awlad Amira, poor and unenterprising, would stoop so low to get their hands on the administration: Awlad Amira denied establish the truth of such allegations: Awlad Amira denied them, as they would; Tibbu pointed to their political inactivity, their poverty and lack of numbers, and their peacefulness (except under provocation), suggesting that Mannaia were scarcely dispassionate when they talked about the results of elections.
- A court should now consider the effect of the provocation on "a person having the power of self-control to be expected of an ordinary person of the sex and age of the accused, but in other respects sharing such of the accused's characteristics as they think would affect the gravity of the provocation to him".
- It was no co-incidence, said Pravda yesterday, that this "giant provocation" from the West Germans had coincided with the East Germany's anniversary.
- It is assumed here that juries and others do attach considerable importance to the label when it is a question of homicide, and therefore that the excessive use of force in self-defence is a matter which is properly reflected by a separate qualified defence, rather than being left to sentencing (which means executive discretion, if the mandatory penalty for murder remains) or forced artificially into the doctrine of provocation (when there may be no real evidence of loss of self-control).
- This is English law's rather clumsy attempt to reflect the element of partial justification in the doctrine of provocation.
- Three of the qualified defences discussed above have an element of justification - provocation, excessive defence, and some cases of duress.
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