Intoxication - national proceedings

Cyprus

Cyprus - Criminal Code 1959 EN

CRIMINAL CODE OF CYPRUS

PART 1

General Rules as to Criminal Responsibility

13. (1) Subject to subsections (2) and (3), a person shall not, on the ground of intoxication be deemed to have done any act or made any omission involuntarily, or be exempt from criminal responsibility for any act or omission.

(2) A person is not criminally responsible for an act or omission if at the time of doing the act or making the omission he is in such a state of intoxication that he is incapable of understanding what he is doing, or controlling his action, or knowing that he ought not to do the act or make the omission, provided that the thing which intoxicated him was administered to him without his knowledge or against his will.

(3) When a specific intent is a constituent element of an offence, intoxication, whether complete or partial, and whether intentional or unintentional shall be taken into account for the purpose of ascertaining whether such an intent in fact existed.

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;