Intoxication - national proceedings

Ethiopia

Ethiopia - Criminal Code 2005 EN

PART I

GENERAL PART

BOOK I

CRIMES AND CRIMINALS

TITLE III

CONDITIONS OF LIABILITY TO PUNISHMENT IN RESPECT OF

CRIMES

CHAPTER I

CRIMINAL RESPONSIBILITY

Section I.- Ordinary Responsibility

Article 50.- Crimes Committed in a State of Irresponsibility Caused by Intoxication or Other Similar Conditions.

(1) The provisions excluding or reducing liability to punishment shall not apply to any person who, in order to commit a crime or knowing that he could commit a crime, intentionally put himself into a condition of absolute irresponsibility or of limited responsibility by means of alcohol or drugs or any other means. The general provisions of this Code are applicable in such a case.

(2) If a criminal by his own fault has put himself into a condition of absolute irresponsibility or of limited responsibility while he was aware, or could or should have been aware, that he was exposing himself, in such a condition, to the risk of committing a crime, he
shall be tried and punished under the ordinary provisions governing negligence, if the crime committed is punishable on such a charge (Art. 59).

(3) In the case of a crime which was neither contemplated nor intended and was committed in a state of absolute irresponsibility into which the criminal put himself by his own fault, the provision of Article 491 of the Special Part of this Code relating to crimes against public safety shall apply.

(4) No person shall be liable to punishment where he commits a crime while in a state of absolute irresponsibility, into which he has been coerced or for which he has no fault on his part .

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;