The Applicable Law Of Drunk Crime

Drunk, in medicine is called acute alcohol intoxication (acute alcoholic intoxication), as a result of a drinking too much alcohol or alcoholic drinks from excitement to inhibit the state of the central nervous system, characterized by a series of central nervous system symptoms. If classified according to the nature of the drunk, which can be divided into common drunk, pathological drunkenness and complexity. These types of drunk, there are may impose harm behavior, but for the drunkard and the nature of the implementation of the nature of the hazard behavior are different. Who has not completely drunk ordinary loss of ability to identify and control of behavior in the general does not lead to produce the psychotic symptoms such as hallucinations and delusions wrong, analysis ability and keep the things. Who is only drunk less ability to control their behavior, before drinking and drinking in your behavior has the full recognition, and the consequences of drinking also have sufficient foresight, as long as pay attention can control his drunken behavior. Is a rare pathologic drunk, may be related to the patient’s individual quality and the original brain damage such as trauma sequela, epilepsy, cerebral arteriosclerosis caused the boundaries of their brains than can absorb alcohol concentration. Who has drunk at this point, the loss of ability to identify and control of behavior in the behavior motive is unknown. China’s judicial appraisal department in practice according to the pathological symptoms of drunk there is disturbance of consciousness, generally judged to be no responsibility or exclusion of liability ability. Complexity an intoxicated person who commits a embodied in intonation normally does not take place right, walk left, appeared to identify and control ability is abate, sometimes excessive excitement, and easy to anger, sometimes I will be angry to others, often quarrel, traumatic events. Generally remains common drunk body paralysis symptom, is a lack of inhibition of a state of drunkenness, to a certain extent, has certain recognition ability, evaluation for limited liability capacity. Criminal responsibility is refers to the person to constitute a crime and criminal responsibility must have the sense of criminal law to identify and control the ability of own behavior, the behavior person to know the social harmfulness of own behavior, damage degree and the criminal illegality, and on this basis to own will to decide their own behavior direction, time, place, and of the implementation process, thus to prohibited by the criminal law of the People’s Republic of China on the implementation of the anti-social behaviour of the ability of criminal liability. Criminal responsibility is to point to according to the criminal law provisions of the state, to criminals in accordance with the provisions of the criminal law shall be investigated for legal responsibility. Criminal responsibility includes two questions:one is the crime or not.2it is sin. About a drunken behavior person crime cases, we need to solve a problem is drunk the offender’s behavior conforms to what specific crimes of crime constitution, in practice, mainly is the limit of the distinction between crime and is not a crime, correct cognizance drunken behavior person the form of crime. For drunk people bear criminal responsibility, based on the domestic and foreign scholars carried out in a large amount of discuss, mainly include the social interests, deliberately said, reason free ACTS in advance, and constitutive requirements of strict liability in accordance with said. About criminal liabilities of drunk crime and in combination with the current social reality of China and the relevant provisions of the criminal law.