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Web of Proceedings - Francis Academic Press

Defense of Alcohol Dependence in Criminal Proceedings

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DOI: 10.25236/iceesr.2021.086


Jiahang Wang

Corresponding Author

Jiahang Wang


China's criminal law provisions stipulate that drunk should bear criminal responsibility but cannot simply for all drunk implementation of the behavior are identified should bear criminal responsibility. In addition to the recognition of pathological intoxication, not criminal responsibility, for alcohol dependence before the implementation of the criminal behavior has been abnormal behavior, the judicial organs should be on the ability to conduct a review, when necessary to make judicial identification according to law. Differentiation does not conflict with the principle that drunkenness cannot be used as a mitigation, exemption, or exemption from punishment, but is more conducive to balanced sentencing.


Pathologic intoxication, Alcohol dependence, Defense