Intoxication - national proceedings

Montenegro

Montenegro - Criminal Code 2003 (2018) (EN)

Article 14
(3) The culpability of a perpetrator who, by consumption of alcohol, drugs or
otherwise, induces such a state of mind which prevents him from understanding the
effects of his act or control his actions shall be determined based on the time
immediately preceding such a state.

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;