'Intoxication' in document 'Norway - General Civil Penal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part I. General Provisions

Chapter 3. Conditions governing criminal liability

Section 40.

The penal provisions of this code are not applicable to any person who has acted unintentionally unless it is expressly provided or unambiguously implied that a negligent act is also punishable. If the offender has acted in a self-induced state of intoxication caused by alcohol or other means, the court shall disregard such intoxication when judging whether the act was wilful.

A misdemeanour consisting of a failure to act shall be punishable also when it is committed by negligence unless the contrary is expressly provided or unambiguously implied.

Part I. General Provisions

Chapter 3. Conditions governing criminal liability

Section 42.

If any person has committed an act in a state of ignorance concerning circumstances that determine criminal liability or increase the penalty for the said act, such circumstances shall not be attributable to him.

If the ignorance can be ascribed to negligence, in cases in which negligence is punishable the penalty prescribed for such negligence shall be applicable.

Ignorance resulting from self-induced intoxication shall be disregarded. In such cases the offender shall be judged as if he were sober.

Error regarding the value of an object or the amount at which damages must be assessed shall only be taken into account when criminal liability is conditional thereon.

Part I. General Provisions

Chapter 3. Conditions governing criminal liability

Section 45.

Unconsciousness that is a consequence of self-induced intoxication (caused by alcohol or other means) shall not exclude punishment.

RELEVANT ROME STATUTE PROVISIONS

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