1. Can the crime of drunkenness be given a lighter punishment?
Drunkenness is divided into physiological drunkenness and pathological drunkenness, which are treated differently in criminal law.
Physiological drunkenness refers to drunkards who consume more alcohol than they can bear, and their self-awareness falls into a fuzzy state, and their self-identification and control abilities decline or even lose. Drunkenness is closely related to excessive drinking. The more excessive drinking, the more serious drunkenness, and the more self-awareness and control ability will decline. Physiological drunkenness is often caused by drunken people's intentional or negligent drinking, so drunken people are subjectively guilty. Paragraph 4 of Article 18 of China's Criminal Law stipulates: "A drunken person who commits a crime shall bear criminal responsibility". Therefore, people who are physically drunk should bear criminal responsibility and should not be given a lighter punishment.
Pathological drunkenness belongs to mental state, and according to the criminal law, mental patients are not criminally responsible. However, the "no criminal responsibility" mentioned here does not mean that pathological drunkenness does not bear criminal responsibility under any circumstances, but only refers to the first time that a drunken person commits a harmful act because he does not know the composition of pathological drunkenness. Pathological drunkenness, like mental patients without criminal responsibility, loses the ability to identify and control their own behavior, so it does not constitute a crime and does not bear criminal responsibility. However, if the criminal knows that he has the constitution of pathological drunkenness, intentionally or negligently makes himself drunk, and then carries out the harmful behavior prohibited by the criminal law, he should bear the corresponding criminal responsibility.
Second, does China's criminal law stipulate a lighter or mitigated punishment?
According to the provisions of China's criminal law, the following circumstances shall be given a lighter or mitigated punishment:
1。 If a person who has reached the age of 14 and is under the age of 18 commits a crime, he shall be given a lighter or mitigated punishment;
2。 If a person who has reached the age of 75 intentionally commits a crime, he may be given a lighter or mitigated punishment;
3。 Whoever commits a crime through negligence shall be given a lighter or mitigated punishment;
4。 If a mental patient who has not completely lost the ability to identify or control his own behavior commits a crime, he shall bear criminal responsibility, but he may be given a lighter or mitigated punishment;
5。 For the preparatory crime, the punishment may be lightened, mitigated or exempted according to the accomplished crime;
6。 Compared with the accomplished crime, the attempted crime can be given a lighter or mitigated punishment;
7。 An accessory shall be given a lighter, mitigated or exempted punishment;
8。 If the instigated person has not committed the instigated crime, the instigator may be given a lighter or mitigated punishment;
9。 Criminals who surrender themselves may be given a lighter or mitigated punishment;
10。 Those who truthfully confess their crimes may be given a lighter punishment; By truthfully confessing one's crimes, particularly serious consequences are avoided and the punishment can be mitigated;
1 1。 Criminals who have made meritorious deeds such as exposing other people's criminal acts and verifying them, or providing important clues for solving other cases, may be given a lighter or mitigated punishment; Those who have made significant meritorious service may be mitigated or exempted from punishment.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 18 of the Criminal Law of People's Republic of China (PRC).
The criminal responsibility ability of special personnel. If a mental patient causes harmful results when he cannot identify or control his own behavior, he shall not bear criminal responsibility if he is identified and confirmed by legal procedures, but his family members or guardians shall be ordered to strictly guard and treat him; When necessary, the government forces medical treatment.
Intermittent mental patients who commit crimes when they are mentally normal should bear criminal responsibility.
If a mental patient who has not completely lost the ability to identify or control his own behavior commits a crime, he shall bear criminal responsibility, but he may be given a lighter or mitigated punishment.
A drunken person who commits a crime shall bear criminal responsibility.