Does the crime of drunkenness require criminal responsibility?

As we all know, the law will always punish people who are not even awake. Among them, the most widely known, special and well-known is the punishment of mental criminals, and some even just go to a mental hospital again, instead of going to prison for labor reform. Today, Henan lawyers take you to discuss whether drunken people should bear criminal responsibility for committing crimes.

First, should the crime of drunkenness be criminally liable?

1. A drunken person who commits a crime shall bear criminal responsibility.

2. Drunkenness is not a statutory exemption, and you need to bear criminal responsibility according to law. And drunkenness is not a reason for a lighter punishment. When handled by law, it will be handled in accordance with normal criminal acts.

criminal law

Eighteenth special personnel's criminal responsibility. 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.

Second, are all drunken people criminally responsible for committing crimes?

In fact, it is not a drunken person who commits a crime and will bear criminal responsibility. In practice, a kind of drunkenness is pathological, and the drunken person commits a crime pathologically, and does not need to bear criminal responsibility, but can compensate the victims for their losses.

Pathological drunkards are usually aggressive because of mental symptoms such as behavioral disorders, memory loss, consciousness disorders, hallucinations, delusions, delusions, etc.

To put it bluntly, pathological drunkenness is actually a mental illness, and the criminal law stipulates that mental patients commit crimes at the time of onset without criminal responsibility.

Of course, whether drunkenness is pathological or not can only be determined by the identification of judicial authentication institutions. At that time, both the suspect and the victim can make an appraisal request to the judicial organ.

In fact, when eating and drinking, it is best to control the amount of alcohol and avoid drunkenness. If someone is injured after being drunk, it should be handled properly in time. If it can be settled privately, try to settle it through consultation. If you have been arrested by the public security organs, you should find a criminal defense lawyer as soon as possible.

As for the question of whether a person who commits a crime in a drunken state needs to bear criminal responsibility, as mentioned above, we can easily find that it is necessary. It is believed that criminal responsibility should be borne here, which is not only of positive significance for preventing crime or controlling alcoholism. If you have any other questions, you can continue to seek legal advice.