Intoxication - national proceedings

Marshall Islands

Marshall Islands - Criminal Code 2011 EN

PART I - GENERAL PROVISIONS
ARTICLE 2. GENERAL PRINCIPLES OF LIABILITY

ยง2.08. Intoxication.
(1) Except as provided in Subsection (4) of this Section, intoxication of the actor is not a defense to any offense.
(2) Evidence of the non self-induced intoxication of the defendant shall be admissible to prove or negative the conduct alleged or the state of mind sufficient to establish an element of the offense. Evidence of self-induced intoxication of the defendant is admissible to prove or negative the conduct alleged. It is also admissible to prove state of mind sufficient to establish an element of an offense. However, evidence of self-induced intoxication of the defendant is not admissible to negative the state of mind sufficient to establish an element of the offense.
(3) Intoxication does not, in itself, constitute mental disease within the meaning of Section 4.01.
(4) Intoxication that is not self-induced is a defense if by reason of such intoxication the actor at the time of his or her conduct was unable to appreciate the nature and quality of his or her conduct or the wrongfulness of his or her conduct.
(5) Interpretations. In this Section unless a different meaning plainly is required:
(a) "intoxication" means a disturbance of mental or physical capacities resulting from the introduction of substances into the body;
(b) "self-induced intoxication" means intoxication caused by substances that the actor knowingly introduces into his or her body, the tendency of which to cause intoxication the actor knows or ought to know, unless the actor introduces them pursuant to medical advice or under such circumstances as would afford a defense to a charge of crime.

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;