The Formulation of Voluntary Intoxication in Continental Law

Bibliographic Data

ID21513271
AuthorsAyşe Özge Atalay (0000-0001-6969-5312, Bahçeşehir Üniversitesi, Istanbul, Turkey, corresponding author)
Year2020
Volume64
Issue13-14
Pages1398-1421
Publication date2020-10-01
Open AccessYes
TypeARTICLE
VenueInternational Journal of Offender Therapy and Comparative Criminology (JOURNAL)
Journal identifiersISSN: 0306-624X • E-ISSN: 1552-6933
PublisherSAGE Publications (PUBLISHER • US)
DOI10.1177/0306624x20909212
PMID32131657
OpenAlexW3009754729
LanguageEN
Citations received1
References cited36

The principle of contemporaneity, which means the actus reus and mens rea must coincide, constitutes the backbone of criminal liability. On the contrary, it is sometimes possible for an offender to commit an offence when she or he does not have the culpability required for the committed offence. The offender can create diminished responsibility through the intake of an intoxicating substance negligently or intentionally, even with the purpose of getting rid of the punishment. To punish such an offender, a legal concept has been developed which is termed as voluntary intoxication in the Anglo-Saxon legal system, while it has been called actiones liberae in causa in the Continental Europe. In this review, actiones liberae in causa, the formulation of voluntary intoxication in the Continental European legal system, will be explained in detail and some suggestions will be made for the application of these two concepts

Business · Commit · Criminal law · Criminal liability · Criminology · Culpability · Liability · Mens rea · Political science · Strict liability · Forensic Toxicology and Drug Analysis · Free Will and Agency · Healthcare Decision-Making and Restraints · Law · Psychology · Social Psychology

Tools

Open DOISci-Hub