Problems of Qualification of Crimes Committed in the State of Alcoholic Drunk
( Pp. 209-212)

More about authors
Napsokov Artur Rizuanovich Lecturer, Nalchik city
North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the Ministry of Internal Affairs of Russia
Nalchik, Russia
Abstract:
The purpose of this article is to consider the relationship between alcohol intoxication and crimes committed in this state. Since these acts fall under the Criminal Code of the Russian Federation, and are among the most common, it is advisable to find out whether this condition is an aggravating or mitigating factor. Intoxication as a condition in which a sane person is not aware of the actual nature and social danger of his actions (inactions) in full, or is not fully able to direct them as a result of conscious use of alcohol, narcotic or other intoxicating drugs requires detailed consideration, since there are a large number of disputes regarding the legal assessment of the state of intoxication and its influence on criminal responsibility. The objectives of the study are to consider the historical development of alcoholization of society and the measures taken by the state. Determination of the main stages of alcoholic intoxication, characteristics of the physiological state of a person and his ability to commit a crime, as well as consideration of their main types will give an understanding of the problem as a whole. Conclusions: Historical analysis has shown that, as a rule, the consumption of alcoholic beverages has always been clearly controlled by the state, both in the direction of its decrease and in the direction of increase. All this was dictated by both economic and political reasons. And if in the early periods of the development of the state, this aspect was mitigating when committing a crime, today this condition is mostly recognized as an aggravating circumstance. However, some cases from judicial practice still say the opposite. The author considers the classification of alcoholic intoxication by severity: mild, moderate, severe and alcoholic coma. The analysis of each allowed us to conclude that crimes are committed in the main state of mild and moderate alcohol intoxication, as well as in a state of atypical intoxication, which is observed in mentally ill people. Some jurists attribute alcohol intoxication to a state of physiological affect, when, as a result of an altered state of consciousness, the perception of the situation is aggravated in the direction of its greater intimidation and threat. Nevertheless, these conditions do not remove the responsibility and sanity of the person.
How to Cite:
Napsokov A.R., (2022), PROBLEMS OF QUALIFICATION OF CRIMES COMMITTED IN THE STATE OF ALCOHOLIC DRUNK. Gaps in Russian Legislation, 5 => 209-212.
Reference list:
Grebenkov A.A. Criminal liability of persons who have committed a crime in a state of intoxication. 2009/ URL: https://sci.house/pravo-rossii-ugolovnoe-scibook/alkogolnoe-opyanenie-ego-znachenie-dlya-11042.html (accessed 01.05.2022).
Brief description of the state of crime in the Russian Federation for January - December 2021 URL: https://мвд.рф/reports/item/28021552 (date of appeal 01.05.2022).
The Ministry of Internal Affairs named the proportion of crimes committed in a drunken state - RIA Novosti, 20.10.2021 / URL: https://ria.ru/20211020/prestupleniya-1755354897.html (accd 01.05.2022).
The Criminal Code of the Russian Federation (Criminal Code of the Russian Federation) of 13.06.1996 No. 63-FZ (latest edition) \\ ConsultantPlus.
Shalagin A.E., Grebenkin M.Yu. Criminological characteristics and prevention of crimes committed under the influence of alcohol// Scientific notes of the Kazan Law Institute of the Ministry of Internal Affairs of Russia. 2018. vol.3 No.1. pp. 39-47.
Keywords:
alcohol intoxication, crime, drunkenness, affect, physiological intoxication, pathological intoxication.


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