#2022-52Law on Criminal Liability and Internal Security
AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.
This law addresses the criminal liability for actions committed under the influence of substances and adjusts legal responsibility accordingly. People who consume psychoactive substances to facilitate crimes cannot claim diminished responsibility. The law also increases penalties for violent crimes committed under the influence, and establishes regulations for police operational reserves.
AI-generated summary. May contain errors. Refer to official sources for legal decisions.
Key Changes
- Establishes that those impaired by substances cannot claim diminished criminal responsibility.
- Increases penalties for crimes committed under the influence of alcohol or drugs.
- Introduces police operational reserve regulations.
Obligations
What this law requires
Do not apply Article 122-1 (diminished responsibility defense) when the defendant voluntarily consumed psychoactive substances near the time of the crime with the intent to commit it or facilitate its commission
Do not apply penalty reduction under Article 122-1 when the defendant's impaired judgment or loss of control resulted from voluntary, illicit, or manifestly excessive consumption of psychoactive substances
When an investigating judge determines that a defendant's temporary loss of discernment resulted at least partially from their own conduct and expert reports show only partial impairment, refer the defendant to the competent trial court for a closed hearing on Article 122-1 application
Impose an aggravating factor increasing penalties for homicide (Article 221-4) when committed by a person in manifest intoxication or under manifest influence of narcotic drugs
Impose an aggravating factor increasing penalties for torture, barbaric acts, and violence (Articles 222-3, 222-8, 222-10) when committed by a person in manifest intoxication or under manifest influence of narcotic drugs