§ 35
Intoxication
Where the perpetrator acted in a state of intoxication that does not exclude mental capacity, this shall be considered a mitigating cause only to the extent that the reduction of mental capacity caused
thereby is not offset by the accusation arising from the enjoyment or use of the intoxicant in light of the circumstances.
§ 287
Commission of a punishable act in a state of complete intoxication
1) Any person who, even if negligently, through the consumption of alcohol or the use of any other intoxicating substance puts himself into a state of intoxication excluding mental capacity shall be punished with imprisonment of up to three years, if such person in such state of intoxication commits a punishable act that would, except for such state, be attributed to him as a crime or a misdemeanour. The type and level of sentence may, however, not be more severe than the penalty provided for by the law for the act that has been committed in the state of intoxication.443
2) The perpetrator may only be prosecuted upon demand, upon application or with authorization if the punishable act committed in the state of intoxication, too, may only be prosecuted upon demand, upon application or with authorization.
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;