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NCJRS Abstract

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NCJ Number: 77996 Find in a Library
Title: Criminal Law Aspects of Alcoholism in Poland
Author(s): S Frankowski
Corporate Author: Wydawnictwo Prawnicze
Ul. Wisniowa 50
Poland
Date Published: 1978
Page Count: 48
Format: Document
Language: English
Country: Poland
Annotation: The extent and nature of the consumption of alcoholic beverages in Poland is discussed, and Polish law which applies to intoxication as well as the commission of crimes while under the influence of alcohol is explained.
Abstract: Compared to other countries, Poland has a relatively low frequency of alcohol drinking. However, drinks with high alcohol content (vodka) are preferred, and drinking occasions are customarily excessive. Polish law deals with (1) the responsibility of a person committing an offense while in a 'state of insanity' caused by the consumption of an alcoholic drink, (2) the responsibility of a person committing an offense while in a 'state of diminished responsibility' caused by the consumption of alcohol, and (3) the state of insobriety and the degree of punishment for an offense or a violation. In the explanatory comments to the Draft Penal Code, it is indicated that alcohol is such a strong criminogenic factor that in the conflict between the principle of protecting society against a drunken criminal and the principle of full adherence to guilt, preference must be given to the former. Generally, the courts consider that a person consuming alcohol, particularly in large quantities, is capable of foreseeing any consequences of such action should a criminal offense be committed under the influence of alcohol. In the area of treatment, the law provides for compulsory medical treatment of alcoholics sentenced to prison terms. The law also permits representatives of the Social Antialcoholic Committee, a private organization devoted to countering the destructive social impacts of alcohol consumption and to aiding alcoholics, to make recommendations regarding the handling of cases involved alcohol abuse. An appendix contains the text of the most important provisions of the Penal Code and penal legislation related to alcohol consumption.
Index Term(s): Alcoholism; Criminal intent; Criminal responsibility; Driving Under the Influence (DUI); Drunk offenders; Drunkenness; Insanity defense; Laws and Statutes; Poland
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