Drunken State

Drunken State in Europe

Committing Offences in a Senselessly Drunken State in Germany

Provisions relating to committing offences in a senselessly drunken state in the German Criminal Code [1]: This criminal issue is covered by Chapter Twenty-eight, under the heading “Offences Causing a Common Danger,” located in Section 323a Committing offences in a senselessly drunken state, which reads: (1) Whosoever intentionally or negligently puts himself into a drunken state by consuming alcoholic beverages or other intoxicants shall be liable to imprisonment not exceeding five years or a fine if he commits an unlawful act while in this state and may not be punished because of it because he was insane due to the intoxication or if this cannot be excluded. (2) The penalty must not be more severe than the penalty provided for the offence which was committed while he was in the drunken state. (3) The offence may only be prosecuted upon request, authorisation or upon request by a foreign state if the act committed in the drunken state may only be prosecuted upon complaint, authorisation or upon request by a foreign state.

Resources

Notes

  1. The content of the translated German penal code in relation to committing offences in a senselessly drunken state is current as of 2010

Leave a Comment