Intoxication - national proceedings

Yemen

Republican Decree for Law No 12 for the Year 1994 Concerning Crimes and Penalties

Book ONE
General Provisions on Crimes and Punishments

Part One
Crimes

Chapter Five
Reasons for Rejecting the Characteristic of a Crime

Section Two
The Responsibility of Juveniles and those in such Condition

Mental Defects

Article (33):
A person shall not be legally accountable for committing a crime if, at the time of the occurrence of the crime, the latter was unable to perceive the nature and consequence thereof, because of:
1. Permanent or temporary insanity or mental disability.
2. Forcefully, or unknowingly or compelled by necessity to be under the influence of an intoxicating substance or drug. However, if such was by the perpetrator's own choice and full knowledge, the sentence to be meted out to the latter shall be made as if the crime was committed without being intoxicated or drugged.

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;