Citation

Gerchow J. Blutalkohol 1979; 16(2): 97-107.

Copyright

(Copyright © 1979, International Committee on Alcohol, Drugs and Traffic Safety and Bund gegen Alkohol und Drogen im Straßenverkehr, Publisher Steintor Verlag)

DOI

unavailable

PMID

unavailable

Abstract

According to the latest judgement regarding (Criminal Code) and the various aspects of drug influence only those substances have to be considered which are able to produce sensations or conceptions of pleasure. From a medical standpoint the lawyer is expected to test his capability to interpret biological and psychological facts correctly or whether he deals only with fictions far removed from reality. From a medical point of view the objective of Paragraph 330 a StGB should not be the punishment of 'unretarded craving for pleasure causing socially destructive consequences', but should consider those incidents where crimes are committed in a state of irresponsibility after carelessly or deliberately excluding the capability of judgement and control. Because of lacking criteria to differentiate exogenous psychoses of organic origin the juridical assumptions are not conclusive. Any centrally acting drug can become an 'enchanting or narcotic intoxicant'. Judging the responsibility of a drug dependent person, the personality must first be considered (block of maturing due to drug abuse, depravation, 'toxic' neglect, cerebral degenerations). In the biographical anamnesis it has to be made clear whether the drug has led to the action or was only influencing the action; whether drug abuse is cause or symptom of social disintegration. The type of drug and the extent of abuse are also important. The actual situation should be carefully and exactly described. Performance criteria should be considered. Action and performing the action may be facts for discussion. Irresponsibility can be considered in cases of direct criminal drug procuring. But in cases of indirect drug procuring usually Paragraph 21 StGB may be operable. However, effects due to chronic intoxications may lead to other judgements (i.e. Paragraph 20 StGB).