Defense of intoxication
As intoxication (Engl., Noise ') is referred to in Criminal Law of England and Wales , a defense (defense plea). The accused pleads that he committed the act while intoxicated with drugs or alcohol. Historically, when intoxicated, the ascent always had an aggravating effect; basically this still applies today. Since the DPP v Majewski decision (1977), the English courts have differentiated whether it is an offense of basic intent or an offense of specific intent . The latter are those in which the required men's reaction is intended ; in the case of offenses of basic intent , stretchlessness is sufficient . On Intoxication can only be pleaded if it is a specific offense of intent IN QUESTION.
literature
- Volker Helmert: The definition of a criminal offense in Europe . Duncker & Humblot, Berlin 2011, B. The definition of criminal offenses in England, p. 122-123 .
- Nicola Padfield: Criminal law . 7th edition. Oxford University Press, Oxford 2010, ISBN 978-0-19-958204-4 , 4. Incapacitating Conditions-Intoxication.
Individual evidence
- ↑ Volker Helmert: The concept of criminal offenses in Europe . Duncker & Humblot, Berlin 2011, p. 124-125 .
