Research On Drunken People Crime Case

Intoxicated person who commits a crime refers to the offender after drinking, under a state of mentally deranged or was depleted. Implemented in accordance with the behavior of crime constitutive requirements of crime. According to the drunken behavior, should the constitutive requirements of the implementation of drunken man’s subjective attitude is different, the kinds of drunk crime also each are not identical. With the development of The Times, in the past the regulations of drunk crime is general, can not cope with today’s society people drunk crime diversification trend, so from the perspective of current situation of drunk crime punishable classification discussion is imperative. Conditions in the fourth paragraph of article 18 of criminal law is no one of drunk crime sake of discussion, clearly there is a lack of. Drunk people crime punishable problems, based on China’s criminal law did not make clear a regulation on this issue, and some drunk people crime subjective responsibility cognizance question and routinely alcohol poisoning after committing a crime. In the existing criminal constitutive requirements in China is also difficult to draw reasonable explanation.This paper consists of four parts, according to the actual situation of our country, enumerate a lot of drunken people crime case, oractio libera in cause theory is introduced to discuss the criterions for the conviction of drunk crime problem. Crime concept and the first part:the drunk people:people drunk crime is how to divide into the legal category,The part of introduction and reference to some overseas legislation.Introduced in the second part:drunk crime oractio libera in causeon the basis of theory:the theory of the concept began to Germany, but the first to use this term to describe the reason free behavior is gerhard schroder, Germany’s klein believedoractio libera in cause includes two basic components; The first by a drunken behavior subject, taking anesthetic methods such as make themselves mentally deranged or state of mind is depleted. Second drunk people criminal burden of responsibility is put forward to solve the problem, a research on the behavior main body into a drunken state of how subjective attitude, behavior main body through a drunk before entering the mentally deranged mind depleted state disability status to the followed it into responsibility to implement the crime, whether is the mens rea in advance.The third part:the classification of the crime and drunken people imputation analysis: in this paper with the reason freedom act theory for the analysis of drunk crime criminal liability ability section, drunk first divided into voluntary intoxication and involuntary intoxication. According to the subjective reason behavior and result behavior in different state, can be divided into two major categories, like the United States first categories for voluntary drunk crime; The second major categories of involuntary drunk crime. Involuntary type of drunk crime refers to the:behavior main body in implementation components should act in a drunken state, not behavior subject voluntarily cause, but in the case of the unpredictable and can’t control, into the behavior main body by chance. The author from this two categories, depending on the circumstances of drunk crime is discussed.The fourth part:the author mainly talk about the entity and procedure, for the perfection of a drunken man crime should be clear in terms of real drunk person a crime shall bear criminal responsibility. In the aspect of application, the author suggested that a sound system of our country’s criminal presumption, crime this point in a drunken people make do seamless entity and procedure. In pre-trial interrogation, forensic examination, inspection, etc., to establish the standards, to help in the form of empirical justice, judge whether the drunk criminal have mens rea, intoxicated intoxicated is voluntary or involuntary, both to prevent the objective imputation, and avoid subjective mentality confession to determine the subject alone. Based on facts and take law as the criterion.,...