eISSN: 1689-3530
ISSN: 0867-4361
Alcoholism and Drug Addiction/Alkoholizm i Narkomania
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4/2021
vol. 34
 
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abstract:
Review paper

Criminal liability of the perpetrator committing the prohibited act in a state of alcohol or drug intoxication

Inga Markiewicz
1, 2

1.
Institute of Psychiatry and Neurology, Department of Forensic Psychiatry, Warsaw, Poland
2.
Andrzej Frycz-Modrzewski Kraków University, Faculty of Law, Administration and International Relations, Poland
Alcohol Drug Addict 2021; 34 (4): 267-282
Online publish date: 2022/03/29
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Introduction
The issue of perpetrator’s criminal liability when acting in a state of alcohol or drug intoxication still raises many doubts, as does ruling of accountability in event of mental distress caused by drunkenness or drug intoxication. Although the legislator, in Article 31 (3) of the Polish Criminal Code, detailed the rules of an intoxicated perpetrator’s liability, it’s attribution of that liability is not a simple matter. Reference to the perpetrator’s mental state at the time of the crime and the circumstances of self-induced intoxication is always required.

Review of issues
The article is a criminal law analysis of perpetrator’s liability when committing a prohibited act in a state of intoxication in the context of the fundamental principles of criminal law, including those in a historical context, as well as in relation to the problems of psychiatric diagnosis and the concept of guilt and accountability.

Conclusions
The Criminal Code stipulates that the provisions on the exclusion or limitation of accountability (Article 31 (1) and (2) Criminal Code) do not apply if the perpetrators induced the state of intoxication themselves, leading to the exclusion of accountability, which they did or could have anticipated. This legal provision is there to satisfy the principle of social justice and ensure the social sense of security. It also serves to exclude alcohol or drug intoxicated perpetrators from criminal and legal protection granted to persons whose criminal liability should be limited or completely excluded due to mental disorders.

keywords:

Alcohol intoxication, Drug intoxication, Criminal liability, Prohibited act

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