عنوان انگلیسی مقاله:
What is the criminal responsibility of the perpetrator of an offense committed under the influence of alcohol?
ترجمه فارسی عنوان مقاله:
مسئولیت کیفری مرتکب جرمی که تحت تأثیر الکل انجام شده است چیست؟
Sciencedirect - Elsevier - Annales medico-psychologiques, 178 (2020) 493-499. doi:10.1016/j.amp.2019.03.016
Antoine Martin a,*, Manuel Orsat b, Nidal Nabhan-Abou c, Carole Barre d, Cle´ment Lozachmeur e, Renaud Cle´ment a, Dominique Drapier e, He´ le`ne Vergnaux
Context. – Excessive consumption of alcohol is a major problem for public health in France and in
particular in Pays de la Loire and Brittany. It is considered a factor encouraging criminal behaviors. There
is a paradox between the alcohol consumption considered by judges as aggravating circumstances of the
infraction on one hand and scientific data establishing that in certain circumstances (amount,
consumption habits, background, polydrug use, . . .) alcohol could change the judgment and discernment
of the consumer on the other hand. However, during criminal proceedings, the expert psychiatrist may
be called upon to assess the degree of discernment of the perpetrator of the committed infraction under
the influence of alcohol. Depending on whether the judge pronounce an intact, an altered or an abolished
discernment — after having taken into account the conclusions of the expert psychiatrist — the
perpetrator of the infraction will be considered as entirely or partially responsible or as irresponsible.
Goal. – The goal is to assess the proportion of abolition or alteration of discernment that is proposed by
psychiatrists when an infraction is committed under the influence of alcohol.
Patient and methodology. – The study is retrospective and multicentric. It includes the criminal
appraisals relating to the liability that have been performed by psychiatrists of the Courts of Appeal of
Rennes and Angers over the period from the 1st January 2015 to the 31st December 2016. The exclusion
criteria are criminal appraisals which do not relate to criminal liability and criminal investigations for
infractions that are not committed under the influence of alcohol.
Results. – We browse 529 psychiatric appraisals and 104 of them were included. Appraisals that did not
correspond to evaluation of responsibility (appraisals of victim, appraisals of guardianship or
curatorship, appraisals of dangerousness after sentencing), appraisals for which author of the facts
did not consume alcohol or data on alcohol consumption was not available, were excluded. Seven
experts psychiatrists practicing in Brittany and Pays de la Loire did contribute to the study. The statistical
analysis did not brought to light an impact of alcohol consumption on the degree of discernment
assessed by the experts. The existence of an alcohol-related disorder in the perpetrator was not
significantly associated with an impairment of discernment. On the other hand, the presence of
psychiatric comorbidity (p < 0,001) and the existence of a psychiatric care after the commission of the
offense (p < 0,02) were the only data significantly associated with an impairment of discernment.
Conclusion. – The consumption of alcohol during a criminal offense is not retained by the experts as a
factor disturbing discernment.
Keywords: Alcohol | Criminal responsibility | Discernment | Forensic psychiatry | Offense | Psychiatric expertise | Use