Problems of Qualification of Crimes Committed in the State of Alcoholic Drunk

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.

alcohol intoxication, crime, drunkenness, affect, physiological intoxication, pathological intoxication