Upicie (upojenie) alkoholowe a problematyka poczytalności sprawcy przestępstwa
Drunkenness (Alcohol Intoxication) and Sanity of the Perpetrator of the Offense

Summary/Abstract: This study presents the issues of alcohol and the impact that its use by the offender may have on the ability of recognition of the meaning of his act or directing his proceedings. The legislator by posting a provision that allows to justify the full responsibility of the offender being in a state of inebriation in the same unit of a legal text like insanity and significantly diminished sanity (Article 31 of Polish Penal Code), indicates the some kind of linking between these states. Article 31 § 3 P.P.C., however, in its current form may raise some doubts. They justify the de lege ferenda postulates regarding its change. Also noteworthy is the issue of punishment for a crime committed by the perpetrator in a state of intoxication, especially in the light of the amendment to the Criminal Code of June 13, 2019 regarding the rules of punishment. Moreover, from a psychopathological point of view, the state of intoxication leads undoubtedly to the disruption of the mental activities of the perpetrator of a prohibited act. These distortions not in every case justify criminal liability accordingly the general principles provided for in the Penal Code. In some cases, they may lead to insanity or diminished responsibility of the perpetrator. These issues were an incentive to undertake research work, the selected results of which were also presented in this scientific article.

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