According to the data, their specific concepts are as follows:
1, physiological drunkenness (general drunkenness)
Acute poisoning after excessive drinking. The vast majority of drunkenness belongs to this situation, which is caused by alcohol directly acting on the central nervous system. The severity of symptoms is closely related to the alcohol content in blood and the speed of metabolism. Most domestic experts and scholars believe that such drunkards are fully responsible.
About physiological drunkenness, medicine is generally divided into three periods: the first period is the excitement period, also known as mild drunkenness, which is manifested as the phenomenon of restraining and relieving, such as excessive excitement, euphoria, irritability, emotionality, trouble-seeking, etc. During this period, the control ability is weakened. The second period is ataxia, also known as moderate drunkenness. At this time, the drunk is clumsy, stumbling, unstable, incoherent, and his ability to recognize and control is weakened. The third stage is drowsiness, also known as drunkenness. At this time, the drunk was pale, his skin was wet and cold, his lips were slightly purple, his breathing was slow, and he was accompanied by snoring. There may be a certain degree of consciousness disorder at this stage.
Criminal cases after physiological drunkenness are not included here.
2. Pathological drunkenness
Also known as psychotic drunkenness, the specific reaction is caused by alcohol. It mainly occurs in people with low alcohol tolerance or patients with epilepsy, cerebral arteriosclerosis, craniocerebral injury, some mental diseases, mental retardation, neurosis and so on. Often after a small amount of drinking, there will be sudden confusion, loss of recognition, extreme excitement, aggression and harmful behavior, and the delusion of being victimized is quite common. Seizures usually last for several hours, or all day, and often end in a deep sleep. When I woke up, I couldn't remember that episode. Most experts and scholars in China believe that such drunkards are not responsible.
In China, there are two famous cases, they are:
(1) After the marriage, the defendant Wen Li had a harmonious family relationship and gave birth to his only son, Li Xiao, at the age of 5. The Li family has been handed down from generation to generation, and his love is like the apple of his eye. 1February, 997 15 At 5 o'clock in the afternoon, the defendant Wen Li took Li Xiao to a relative's house in a neighboring village by bike to attend a wedding reception. During the dinner, Wen Li drank 8 liang of white wine and 2 bottles of beer, which exceeded the usual capacity of 5 liang. At 8 o'clock that night, on the way home, Wen Li couldn't continue cycling because of an alcohol attack, so she pushed Li Xiao away by car. When traveling to a wheat field about 1 mile away from home, Wen Li suddenly jumped up and down, yelling that there were many ghosts around him, and then beat his nose to get rid of them. He also knocked down his son Li Xiao like a ghost, rode on him and bit him with his teeth. Lu Peng, a nearby farmer, and others heard the shouts and rushed to the scene. They found Li Wenbian playing Li Xiaobin and shouting, Come and see, I've caught a ghost, you! Lu Peng and others saw Li Xiaoman's face covered with blood and dying. He immediately snatched Li Xiao from Wen Li's body and took him to the hospital. Li Xiaojing died after being rescued. After forensic identification, Li Xiaoxi, the deceased, suffered a blunt blow to his head, resulting in cerebral hemorrhage, which led to brain dysfunction and died.
After the incident, the defendant Wen Li was given a psychiatric judicial appraisal, and the conclusion was that the defendant Wen Li was in a state of pathological alcoholism.
(2) Case: Lin was suffering from pathological drunkenness, and symptoms such as out-of-control behavior and amnesia often appeared. After learning that he had the disease, Lin seldom drank. On September 10, 2004, Lin attended a class reunion and was persuaded by his friends to drink 400 ml of high-alcohol liquor. In order to prevent accidents after drinking, Lin asked his classmate Zhang to send him home after dinner before drinking. After the party, Zhang took Lin home and left. After Lin's wife entered the house, she blamed Lin for not drinking so much wine, and Lin had a quarrel with him. In the quarrel, Lin grabbed Qian's neck with both hands, causing him to die of mechanical suffocation. After Lin woke up, when the public security organ learned about the incident from Lin, he said that he had no memory of killing his wife. It was identified that Lin was in the stage of pathological drunkenness when he killed Qian.
3. Complex drunkenness
It is usually an acute alcoholism reaction caused by the decrease of alcohol tolerance on the basis of brain organic damage or serious brain dysfunction. Alcohol consumption is generally small, but the disturbance of consciousness is obvious, the course of disease is short, and the onset is often forgotten. Most experts and scholars in China believe that such drunkards are only partly responsible.
"Compound drunkenness" is the most controversial state in domestic criminal legislation, judicial theory and practice. In China, there are three famous cases.
Case 1:1in the spring of 997, the suspect Ge Xx stole a motorcycle after drinking, with a value of more than 2,000 yuan, which was appraised by Dalian Seventh People's Hospital. He believes that Ge Xx is an acute alcoholism and commits a crime after drunkenness, and his criminal responsibility is limited. Accordingly, the Ganjingzi District Court sentenced him to one year's imprisonment and suspended for two years in July of the same year.
Case 2: The criminal suspect Wang Xx, 1998 10 was arrested after stealing a motorcycle with a value of 1000 yuan in the courtyard of Dalian Petrochemical Engineering Company, and was arrested with the approval of the procuratorate. The public security organ transferred Wang Xx to the prosecution on suspicion of theft. 1998165438+1On October 30th, Dalian No.7 People's Hospital identified Wang Xx as acute alcoholism, complicated with drunkenness and without criminal responsibility. On February 9, 65438, the public security organ withdrew the case and released the suspect on the same day.
Case 3: The criminal suspect Chen Xxx,1September 1998 16, was rejected because he was dissatisfied with his mother's house. After drinking, he burned three of his mother's five tile houses, with a loss of more than 2,300 yuan. After the case was approved to be transferred for prosecution, it was examined and appraised by Dalian Seventh People's Hospital on March 8 1999. Chen XX is a chronic alcoholic psychosis with no criminal responsibility. In March of the same year 10, Chen XX was released.
Of course, in the work of defense lawyers for drunken crimes, they may encounter mental disorders caused by alcohol of other names. These common names and concepts are as follows:
4. Alcohol dependence
A special psychological state caused by repeated drinking is manifested in the thirst for alcohol and the compulsive experience of frequent drinking. Can occur continuously or intermittently. After stopping drinking habits, I often feel uncomfortable and restless, or have withdrawal symptoms such as limb tremor, nausea, vomiting and sweating. When I resume drinking, these symptoms will soon disappear. Tolerance to alcohol is dispensable.
5. Trembling delirium
A short-term toxic consciousness disorder, which usually occurs after long-term drinking and sudden abstinence or reduction of drinking. It is often accompanied by limb tremor or convulsions, and may also have symptoms such as fever and increased heart rate. If it is not handled in time, it will be life-threatening.
6. Toxic hallucinations in wine
The hallucinatory state caused by long-term drinking mostly occurs within 48 hours after sudden abstinence or obvious reduction of drinking, and can also occur when drinking continues. No disturbance of consciousness, psychomotor excitement or hyperactivity of autonomic nervous system. Most of them are auditory hallucinations or hallucinations, which can lead to delusions and corresponding emotional disorders and impulsive behaviors. The course of the disease can be as short as hours, days or weeks, but not more than 6 months.
7. Toxic paranoia in wine
Delusion caused by long-term drinking. In a clear state of consciousness, jealousy delusion or victimization delusion is often accompanied by corresponding emotional reactions and behaviors, with slow onset and prolonged course of disease.
8. Toxic encephalopathy in wine
Severe brain organic syndrome caused by long-term (usually more than 5 years) or heavy drinking. Its manifestations are acute delirium, amnesia, personality change or dementia.
9. Other mental disorders caused by alcohol
Mental disorders caused by alcohol other than those mentioned above meet the diagnostic criteria of mental disorders caused by alcohol.
Among the above-mentioned classification of "drunkenness", what should attract our lawyers' attention most is "compound drunkenness", which is also the most controversial state in domestic criminal legislation, judicial theory and practice.