نوع مقاله : مقاله پژوهشی
نویسندگان
دانشگاه گیلان
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
This study adopts an analytical and interdisciplinary approach to examine the relationship between alcohol consumption, impairment of will, and criminal responsibility in general criminal law. The central question is whether intoxication is merely a psychological-behavioral state or whether, in certain circumstances, it can also affect the establishment of mens rea, the attribution of criminal conduct, and ultimately the offender’s criminal liability. The significance of this inquiry lies in the fact that alcohol consumption, depending on the extent and intensity of its impact on perception and behavioral control, may in some cases weaken awareness, reduce inhibitions, and increase impulsive behavior, thereby contributing to the commission of crime. The novelty of this article lies in its refusal to limit the discussion to the general effects of alcohol; instead, it distinguishes between voluntary and involuntary intoxication and demonstrates that the assessment of criminal liability must take into account the degree of awareness, prior will, the type of offending conduct, and the extent of impairment in behavioral control. The findings of the study indicate that although alcohol consumption may, in certain cases, affect the formation of criminal behavior and complicate the establishment of the mental element, criminal liability remains intact where intoxication has been knowingly and voluntarily induced, and intoxication alone cannot be regarded as a basis for excluding attribution. Accordingly, the analysis of liability in cases of intoxication requires a combination of legal, psychological, and criminal-law considerations, as well as a careful distinction between different degrees of impairment of will and awareness.
کلیدواژهها [English]
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