Strafrecht Besonderer Teil 1

Küpper, Georg; Börner, René

doi:10.1007/978-3-662-53989-7

Cited by 11 publications

(2 citation statements)

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“…The only legal provision that can be associated with the concept of alic is StGB § 323a which punishes full intoxication ( vollrausch ). According to this provision, if someone is fully intoxicated to the extent that she or he cannot be punished for her or his actions since being irresponsible, it is still possible to punish her or him because of full intoxication (Gropp, 2015; Krey et al, 2015; Kuhn-Päbst, 1984; Küpper & Börner, 2017; Reed et al, 2014; Ziegert, 1987).…”

Section: Assessment Of Alic In Terms Of German Criminal Lawmentioning

confidence: 99%

“…StGB § 323a is an omnibus provision ( Auffangtatbestand ), with the aim of preventing impunity, allowing punishment of an offender for any crimes she or he committed, in cases when her or his criminal conduct constitutes an offence regulated in the criminal code, but not punishable because of not having the culpability required for that offence (Deiters, 2002; Fischer & Rehm, 1996; Küpper & Börner, 2017). According to this Article, the prescribed sentence is up to 5 years in prison or imposition of a judicial fine.…”

Section: Assessment Of Alic In Terms Of German Criminal Lawmentioning

confidence: 99%

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The Formulation of Voluntary Intoxication in Continental Law

Atalay

2020

Int J Offender Ther Comp Criminol

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The principle of contemporaneity, which means the actus reus and mens rea must coincide, constitutes the backbone of criminal liability. On the contrary, it is sometimes possible for an offender to commit an offence when she or he does not have the culpability required for the committed offence. The offender can create diminished responsibility through the intake of an intoxicating substance negligently or intentionally, even with the purpose of getting rid of the punishment. To punish such an offender, a legal concept has been developed which is termed as voluntary intoxication in the Anglo-Saxon legal system, while it has been called actiones liberae in causa in the Continental Europe. In this review, actiones liberae in causa, the formulation of voluntary intoxication in the Continental European legal system, will be explained in detail and some suggestions will be made for the application of these two concepts.

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Section: Assessment Of Alic In Terms Of German Criminal Lawmentioning

confidence: 99%