Art. 34 Intoxication. — CRIMINAL CODE

(1) Save as provided in this article, intoxication shall not

constitute a defence to any criminal charge.

(2)

Intoxication shall be a defence to any criminal charge if -

(a) by reason thereof the person charged at the time of the

act or omission complained of was incapable of

understanding or volition and the state of intoxication

was caused without his consent by the malicious or

negligent act of another person; or

(b) the person charged was by reason of the intoxication

insane, temporarily or otherwise, at the time of such

CRIMINAL CODE

act or omission.

(3) Where the defence under sub-article (2) is established, then,

in a case falling under paragraph (a) thereof, the person charged

shall be discharged, and, in a case falling under paragraph (b), the

provisions of articles 620 to 623 and 625 to 628 shall apply.

(4) 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 would not be

guilty of the offence.

(5) For the purposes of this article "intoxication" shall be

deemed to include a state produced by narcotics or drugs.

← Art. 33A Increase in punishment for offences committed by prisoners in prison. CRIMINAL CODE Art. 35 Minors under fourteen years of age. →