Full intoxication
In German criminal law , full intoxication is a criminal offense according to Section 323a of the Criminal Code (StGB). According to this, anyone who is intoxicated , commits a crime in this state, but cannot be punished because he is incapable of guilt as a result of the intoxication .
Problem
A strong intoxication can mean that a criminal can no longer see the injustice of his act or can no longer act on this insight. He is then incompetent and can not be punished for the crime itself (the “ intoxication ”) ( Section 20 of the Criminal Code).
Full intoxication is formulated as a subsidiary catch-all offense . It records the cases in which the incapacity has been proven according to § 20 StGB or cannot be ruled out according to the principle of In dubio pro reo . If the offender has, however, caused the noise intentionally to impunity to go, the event shall occur where appropriate, if intentionally or negligently committed Rauschtat can be proved him to stand up , has therefore in the case of so-called actio libera in causa . However, this is linked to strict requirements. It is also controversial whether it is compatible with the legal principle that punishment presupposes guilt (“ nulla poena sine culpa ”, “no punishment without guilt”).
Solution in German criminal law
In order to make it possible for intoxicating offenses to be punishable, the law of November 24, 1933 included the criminal offense of intoxication in the StGB. After several renumbering, it can be found today in § 323a.
According to Section 323a of the Criminal Code, it is not directly the behavior of the person incapable of guilt (the intoxication ) that is punishable, but the behavior that has led to the incapacity to act ( intoxication ). The commission of another crime in a state of intoxication-related inability to guilt is only a so-called objective condition of criminal liability .
Under this condition, both intentional and negligent intoxication is punishable. It is irrelevant whether the intoxication is caused by alcohol or other intoxicating substances, in which case there may also be a violation of the Narcotics Act , which, however, is no longer legally linked to full intoxication .
The penalty is imprisonment for up to five years or a fine , but may not be higher than the penalty for the intoxication. Furthermore, the offense will only be prosecuted upon request , with authorization or upon request for punishment , if the same is specified for the intoxication offense.
For Austrian law see Rauschat .
Colloquial meaning
Colloquially , full intoxication is an advanced state of intoxication in which the intoxicated loses control of himself so much that he can no longer remember the experiences during the intoxication later (" film tear ").
literature
- Kristian Kühl : Criminal Code. Comment. 25th, newly revised edition, that founded by Eduard Dreher and Hermann Maassen and by Karl Lackner , since the 21st edition by Kristian Kühl, since the 25th edition of this work, which has been continued on its own. Beck Juristischer Verlag, Munich 2004, ISBN 3-406-52295-5 .
- Herbert Tröndle : Criminal Code and ancillary laws. (With the changes made by the 35th StrÄndG and the Sexual Offenses Amendment Act) (= Beck's short comments. Vol. 10). 53rd, revised edition of the work founded by Otto Schwarz, edited by Eduard Dreher in the 23rd to 37th edition. Beck Juristischer Verlag, Munich 2005, ISBN 3-406-53900-9 .
- Wolfgang Joecks : Criminal Code. Study commentary. = Study commentary on the StGB. 6th edition. Beck Juristischer Verlag, Munich 2005, ISBN 3-406-53845-2 .
- Adolf Schönke : Criminal Code. Comment. 27th, revised edition. Beck Juristischer Verlag, Munich 2006, ISBN 3-406-51729-3 .
- Johannes Wessels : Criminal Law Special Part. Volume 1: Crimes against personality and community values (= focus. Vol. 8, 1). 29th, revised edition. Müller, Heidelberg 2005, ISBN 3-8114-7328-X .
