Criminal Liability of Persons Who Committed an Offense While Intoxicated

Article 18 of the Criminal Code of the Republic of Kazakhstan (hereinafter – CC RK) establishes that a state of intoxication caused by the consumption of alcohol, narcotic drugs, psychotropic substances, or other intoxicating substances does not exempt a person from criminal liability for a committed crime.

This means that a person under the influence of alcohol or narcotic substances bears full responsibility for their actions just like a sober individual.

📌 Main idea of the provision:➡ Consuming alcohol or drugs is a conscious choice.➡ A person is aware that while intoxicated, they may lose control over their actions.➡ They must bear responsibility for crimes committed under the influence of such substances.

1. Types of intoxication mentioned in Article 18 of the CC RK

According to Article 18 of the CC RK, criminal liability arises regardless of the type of intoxication:

✔ Alcohol intoxication – caused by the consumption of alcoholic beverages.✔ Narcotic intoxication – caused by the use of narcotic substances.✔ Psychotropic intoxication – caused by the use of psychotropic substances.✔ Intoxication from other intoxicating substances – caused by toxic substances (e.g., inhalation of glue, acetone, gasoline vapors, etc.).

⚖ Important!Even if the person was unaware of the consequences of intoxication, this does not exempt them from liability.

📌 Example:Citizen X, while intoxicated, assaulted a passerby, causing moderately severe bodily harm. In court, he claimed he was drunk and unaware of his actions. However, the court found him guilty under Article 107 of the CC RK (intentional infliction of moderately severe harm to health), since intoxication does not exclude criminal liability.

2. Legal justification for criminal liability in a state of intoxication

✅ Article 19 of the CC RK (general conditions of criminal liability) states that a person is liable if they were aware of the nature of their actions.✅ Article 18 of the CC RK complements this by clarifying that intoxication is not a justification.

💡 Logic of the law:If intoxication exempted one from liability, criminals could deliberately intoxicate themselves before committing crimes to avoid punishment.

📌 Example from court practice:The Supreme Court of Kazakhstan reviewed a case of a robbery committed by a group of persons under the influence of narcotics. The court held that the accused had consciously used the drugs and could not refer to their state as a mitigating circumstance.

3. Aggravating circumstances for crimes committed while intoxicated

In some cases, intoxication is considered an aggravating circumstance:

🔺 Article 54 of the CC RK (circumstances aggravating punishment):➡ According to paragraph 1 of part 1 of Article 54 of the CC RK, committing a crime in a state of alcohol, drug, or other intoxication may be deemed by the court as an aggravating circumstance if the crime involved aggression, cruelty, or public danger.

📌 Example:Citizen Y, in a state of heavy alcohol intoxication, attacked a random passerby with a knife. The court considered the intoxication as an aggravating factor and imposed a harsher sentence.

4. Exception: pathological intoxication (insanity)

🚨 IMPORTANT EXCEPTION!If a person was in a pathological state of intoxication, in which they completely lost the ability to realize their actions, they may be recognized as insane under Article 16 of the CC RK.

🔹 Pathological intoxication – a rare condition in which a person enters a twilight state of consciousness, accompanied by aggression, hallucinations, and complete amnesia of the events.

📌 Example from judicial practice:Citizen Z, who suffers from mental disorders, consumed a small amount of alcohol, after which he developed psychosis. He attacked people without realizing his actions. A forensic psychiatric examination declared him insane, and the court ordered his compulsory treatment.

⚠ However, simple strong intoxication is not a basis for declaring a person insane.

5. Normative resolutions of the Supreme Court of the RK

📌 Normative Resolution of the Supreme Court of the RK dated June 25, 2010 No. 3:Confirms that intoxication does not exempt from liability and may be considered an aggravating circumstance.

📌 Normative Resolution of the Supreme Court of the RK dated December 21, 2001 No. 7:Obliges courts to appoint forensic psychiatric examinations in case of doubts about the accused’s adequacy.

📌 Normative Resolution of the Supreme Court of the Republic of Kazakhstan dated November 26, 2004 No. 16 on Forensic Examinations in Criminal Cases

6. Conclusions

🔹 Crimes committed while intoxicated do not exempt the offender from criminal liability.🔹 Intoxication can serve as an aggravating factor increasing the severity of punishment.🔹 The only exception is pathological intoxication, which must be confirmed by a mandatory forensic psychiatric evaluation.🔹 Courts in the Republic of Kazakhstan strictly follow this rule, excluding the possibility of evading liability due to the use of alcohol or drugs.

Thus, Article 18 of the CC RK is aimed at preventing crimes committed in a state of intoxication and eliminates the possibility of avoiding punishment by referring to loss of self-control.

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