Intoxication
As Rauschtat in Germany and Austria is criminal law a criminal offense referred to an offender has committed, for the sake of a rush to blame incompetent. The inability to guilt means that the perpetrator cannot be punished directly for the illegal act committed .
Germany
In order to sanction the endangerment of the general public, which can nevertheless emanate from perpetrators who deliberately or negligently intoxicated themselves, the offense of total intoxication was introduced with Section 323a of the Criminal Code . The existence of an intoxication is an objective condition for being convicted of intoxication.
Austria
Section 11 of the Austrian Criminal Code , as in Germany, excludes culpability in a state of full intoxication. With a blood alcohol content of more than 3 parts per thousand , full intoxication is assumed. However, it is examined whether the criminal liability can be justified with an earlier act in which the culpability was given ( actio libera in causa ). If the perpetrator intentionally intoxicated himself to the point of insanity because he wants to commit a certain offense in this state, the punishment is based on the intentional offense. If the offender is completely intoxicated through negligence, although he could or should have foreseen that he would commit a certain offense in this state, he is to be punished for negligent commission of the act if the negligent commission of the offense is punishable. Similar to Germany, the commission of a punishable act in a state of intoxication ispunishable as a separate offense with a prison sentence of up to 3 years or a fine of up to 360 daily rates according to § 287 StGB. However, no punishment may be imposed that is more severe than the punishment threatened by the law for the offense committed while intoxicated.
If the blood alcohol content is below 2.5 per mille, it is usually assumed that the person is responsible. This so-called "minor intoxication" can have a mitigating or guilt-increasing effect on the assessment of the penalty. In accordance with Section 35 of the Criminal Code, intoxication is generally not a reason for moderation. For some offenses, intoxication is an aggravating factor, e.g. B. in the case of negligent bodily harm ( § 88 StGB) or negligent homicide by intoxicated drivers ( § 81 StGB), although the driver could or had to foresee that he was facing an activity that could pose a threat to life and limb, such as driving a car.
Perpetrators who are convicted of intoxicating offenses can be assigned to an institution for lawbreakers in need of weaning in accordance with Section 22 of the Criminal Code if, due to their habituation to an intoxicant, it is to be feared that they will commit further similar crimes.
