'Intoxication - national proceedings' in document 'Germany - Criminal Code'

Jump to:

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

SPECIAL PART

CHAPTER TWENTY-EIGHT
OFFENCES CAUSING A COMMON DANGER

Section 323a
Committing offences in a senselessly drunken state

(1) Whosoever intentionally or negligently puts himself into a drunken state by consuming alcoholic beverages or other intoxicants shall be liable to imprisonment not exceeding five years or a fine if he commits an unlawful act while in this state and may not be punished because of it because he was insane due to the intoxication or if this cannot be excluded.

(2) The penalty must not be more severe than the penalty provided for the offence which was committed while he was in the drunken state.

(3) The offence may only be prosecuted upon request, authorisation or upon request by a foreign state if the act committed in the drunken state may only be prosecuted upon complaint, authorisation or upon request by a foreign state.