1
   

are people responsible for their behavior when drinking?

 
 
Walter Hinteler
 
  1  
Reply Mon 30 Jan, 2006 06:40 am
We - it seems - handle this differently in German criminal law:

Quote:
Section 64 Placement in an Institution for Withdrawal Treatment ¹
(1) If someone has a proclivity to consume alcoholic beverages or other intoxicants to excess and is convicted of an unlawful act which he committed while intoxicated or as a result of his proclivity, or is not convicted only because his lack of capacity to be adjudged guilty has been proved or may not be excluded, then the court shall order placement in an institution for withdrawal treatment if there is a danger that he will commit serious unlawful acts as a consequence of his proclivity.

(2) No order shall be issued if withdrawal treatment appears to be without prospects from the outset.


¹ Pursuant to the decision of the Federal Constitutional Court of March 16, 1994 (BGBl. I S. 3012), the following shall apply:

'Section 64 is incompatible with Art. 2 subsection (1) and subsection (2), sentence 2 of the Basic Law and is void, because it also provides for an order of placement under the provisions of its first subsection when a there is no sufficiently concrete prospect for successful treatment.'



However:

Quote:
Section 323a Total Intoxication
(1) Whoever intentionally or negligently get intoxicated with alcoholic beverages or other intoxicants, shall be punished with imprisonment for not more than five years or a fine, if he commits an unlawful act while in this condition and may not be punished because of it because he lacked the capacity to be adjudged guilty due to the intoxication, or this cannot be excluded.

(2) The punishment may not be more severe than the punishment provided for the act which was committed while intoxicated.

(3) The act shall only be prosecuted upon complaint, with authorization or upon request for prosecution if the act committed while intoxicated may only be prosecuted upon complaint, with authorization, or upon request for prosecution.
0 Replies
 
Letty
 
  1  
Reply Tue 31 Jan, 2006 09:11 am
In vino veritas, Walter. alcohol just brings truth to the surface.

Welcome back extra medium.
0 Replies
 
Eorl
 
  1  
Reply Tue 31 Jan, 2006 05:32 pm
flushd wrote:
Eorl,

Given my hypothetical case, the person should still have to be convicted for murder/manslaughter whatever.
The person killed.
The one who slipped the pills didn't.

It makes sense to take the state of the person into consideration, but it does not automatically delete a person's responsibility for themself.

Think of the implications if it did. Or rather, just look around.
"It wasn't my fault I did it, he/she/it did something to me !"


The implications of the opposite seem far worse to me.

"So the clinically depressed person killed themselves, sure I gave him a depressant, but I didn't push him...he jumped"

"So I gave her a gun, gave her extreme psychotic drugs (against her will) that induce paranoia and drove her to the school. I didn't shoot anybody though...she did. Her choice"

Nup, I'm not buying it.
0 Replies
 
 

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