BEING UNDER THE INFLUENCE OF ALCOHOL AND DRUGS IN CRIMINAL LAW

Alcohol or Drug Influence in Criminal Law: A Legal Assessment

1. Introduction

Criminal law, when determining an individual's responsibility for committing a crime, takes into account their mental and physical state at the time of the act. Being under the influence of alcohol or drugs is among the important factors that directly affect an individual's criminal responsibility and the nature of the crime committed. This article will examine in detail how being under the influence of alcohol or drugs is assessed in criminal law, its impact on criminal responsibility, and the relevant legal regulations in Türkiye.

2. The Concept of Being Under the Influence of Alcohol or Drugs

Alcohol and drugs can affect individuals' minds, leading to impairments in perception, reasoning, and behavior. A person under the influence of these substances may not fully understand the legal consequences of their actions or direct their will accordingly. This is an important evaluation criterion in criminal law.

3. The Effects of Being Under the Influence of Alcohol or Drugs in Criminal Law

Criminal law takes into account whether an individual committing a crime was under the influence of alcohol or drugs, the nature of the act, and the criminal responsibility of the offender. This can affect the offender's intent to commit the crime, their capacity to understand the act, and their will.

3.1. Intent and Negligence

Whether an act committed by an individual under the influence of alcohol or drugs was committed intentionally or negligently depends on factors such as whether the perpetrator knowingly consumed these substances and whether they decided to commit the crime while under their influence. If the individual was unable to comprehend the consequences of their actions due to the effects of alcohol or drugs, intent may be absent, and the crime may be deemed negligent.

3.2. Temporary and Permanent Effects

The effects of alcohol or drugs can be temporary or permanent. Temporary effects affect the perpetrator's immediate state, while permanent effects can impact the perpetrator's long-term mental state. Criminal law evaluates these two situations separately, and while the perpetrator's criminal responsibility is fully preserved in cases of temporary effects, criminal responsibility may be mitigated or eliminated in cases of permanent effects.

4. The Effects of Alcohol or Drugs in the Turkish Penal Code

The Turkish Penal Code (TCK) contains provisions regulating the effect of being under the influence of alcohol or drugs on criminal responsibility. The TCK establishes various criteria for assessing whether individuals under this influence are fully responsible for crimes they have committed.

4.1. Turkish Penal Code Article 34: Voluntary Intoxication

Article 34 of the Turkish Penal Code regulates voluntary intoxication and being under the influence of drugs. According to the article, in crimes committed under the influence of alcohol or drugs, if the perpetrator knowingly and willingly entered this state, their criminal responsibility remains in full. In this case, there is no question of the perpetrator's criminal responsibility being eliminated or mitigated.

4.2. Involuntary Intoxication

If an individual is found to be under the influence of alcohol or drugs against their will (for example, if these substances were administered forcibly or without their knowledge), this may affect their criminal responsibility. In such a case, it is possible for the perpetrator's responsibility to be eliminated or mitigated.

4.3. Penalty Reduction

In crimes committed under the influence of alcohol or drugs, the circumstances of how the perpetrator came to be in this state and their mental condition at the time of the crime are taken into account to determine if they can benefit from a reduced sentence. If the perpetrator consumed these substances knowingly and willingly, no reduction in sentence will be applied.

5. The Influence of Alcohol or Drugs During the Trial Process

In judicial proceedings, determining whether the perpetrator was under the influence of alcohol or drugs is done through evidence such as forensic examinations and witness statements. In this process, protecting the perpetrator's rights and ensuring a fair trial are crucial.

5.1. Forensic Medicine and Evaluation

Forensic examinations play a critical role in determining whether the perpetrator was under the influence of alcohol or drugs. These examinations reveal the perpetrator's mental state at the time of the crime and the effects of these substances.

5.2. Supreme Court Decisions

In its rulings concerning crimes committed under the influence of alcohol or drugs, the Supreme Court considers whether the perpetrator entered this state voluntarily or under duress. The Supreme Court's precedents on this matter establish the legal principles to be applied in similar cases.

6. Conclusion

In criminal law, being under the influence of alcohol or drugs is a significant factor affecting an individual's criminal responsibility and the nature of the crime committed. The Turkish Penal Code, when determining the criminal responsibility of individuals in this state, considers how the perpetrator came to be in this state and their mental condition at the time of the act.

While individuals who voluntarily fall under the influence of alcohol or drugs retain full criminal responsibility, criminal responsibility may be mitigated or eliminated in cases of involuntary actions. Fair assessment of this situation in judicial proceedings is a fundamental principle of law.

When individuals who commit crimes under the influence of alcohol or drugs threaten public safety, the aim of criminal law is to minimize this threat and prevent individuals from committing crimes. In this context, criminal law meticulously addresses this issue with the aim of protecting public safety and ensuring justice.