The General Part
Title II
Offences
Chapter III
Causes that remove the criminality of acts
Inebriety
Art.32 – (1) An act provided in the criminal law shall not be an offence if the perpetrator, was, at the time of perpetration, due to circumstances beyond his/her will, in a state of total inebriety caused by alcohol or other substances.
(2) A state of voluntary total inebriety caused by alcohol or other substances shall not remove the criminality of acts. It can be, according to case, either a mitigating or an aggravating circumstance.
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;