Intoxication - national proceedings

Afghanistan

Afghanistan - Criminal Code 1976 (2017) EN

Section 3 Perpetrator

Chapter 1 Penal Responsibility and its Obstacles

Part 2 Obstacles to Penal Responsibility

Article 66

Conditions Preventing Penal Responsibility

Obstacles to Penal Responsibility come into existence from the realization of any sensual indisposition or one of the instances of lack of will.

Rome Statute

Article 31 Grounds for excluding criminal responsibility

1. In addition to other grounds for excluding criminal responsibility provided for in this Statute, a person shall not be criminally responsible if, at the time of that person's conduct:

(b) The person is in a state of intoxication that destroys that person's capacity to appreciate the unlawfulness or nature of his or her conduct, or capacity to control his or her conduct to conform to the requirements of law, unless the person has become voluntarily intoxicated under such circumstances that the person knew, or disregarded the risk, that, as a result of the intoxication, he or she was likely to engage in conduct constituting a crime within the jurisdiction of the Court;