Intoxication - national proceedings

New Zealand

International Crimes and International Criminal Court Act 2000

PART 2 - INTERNATIONAL CRIMES AND OFFENCES AGAINST ADMINISTRATION OF JUSTICE

General principles of criminal law

12.
General principles of criminal law—

(1)For the purposes of proceedings for an offence against section 9 or section 10 or section 11,—

(a)the following provisions of the Statute apply, with any necessary modifications:

(ix)article 31 (which specifies grounds for excluding criminal responsibility):

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;