CHAPTER ONE
General Provisions
PART II
JUSTIFICATIONS AND EXCUSES
Intoxication
Intoxication, when an excuse
28.— (1) Except as provided in this section, intoxication does not constitute a defence to any criminal charge.
(2) Intoxication is a defence to a criminal charge if by any reason of the intoxication the person charged did not know at the time of the commission of the act that such act was wrong or did not know what he or she was doing and —
(a) the state of intoxication was caused without his or her consent by the malicious or negligent act of another person; or
(b) he or she was by reason of intoxication mentally ill, whether temporarily or otherwise, at the time of the commission of such act.
(3) Where the defence —
(a) under subsection (2) (a) is established, the accused shall be discharged by the Court;
(b) under subsection (2) (b) is established, the provisions of this Code relating to mental disorder shall apply.
(4) Notwithstanding sections 56 and 57 of this Part, intoxication shall be taken into account for the purpose of determining whether the person charged had formed any intention, specific or otherwise, in the absence of which he or she would not be guilty of the offence.
(5) For the purposes of this section, “intoxication” includes a state produced or induced by narcotics or drugs.
Intoxication - national proceedings
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