Pathological drunkenness, also known as pathological alcoholism, idiopathic alcoholism or pathological drunkenness, is the symmetry of physiological drunkenness and a rare acute alcoholism, which means that people who have no history of drunkenness drink a small amount of alcohol that ordinary people are not drunk. Acute alcoholism caused by abnormal physical reactions. Both modern psychiatry and forensic medicine believe that it is pathological and belongs to the category of mental illness, and it has no ability to identify and control its own behavior when it occurs. China's 1997 criminal law only stipulates that drunken people should bear criminal responsibility for committing crimes, but does not further clarify the criminal responsibility of pathological drunkenness, so it is difficult to identify pathological drunkenness in judicial practice. The purpose of this paper is to make a comparative study on the criminal responsibility of pathological drunkenness in criminal laws of various countries.

The identification method of pathological drunkenness is as follows:

Take the lead in producing the certificate of pathological drunkenness issued by authoritative medical institutions or medical institutions. Because this is similar to poisoning, the hospital can check it. If this has ever happened, you can show the medical certificate issued at that time. If you do this time, you can also come to the hospital immediately after the accident and ask the medical institution to provide such proof that you didn't do such a thing on purpose, but that you couldn't control and identify your behavior at that time, so you can be exempted from legal sanctions at this time.

The second is to prove that you are not knowingly committing a crime. In our country's law, the stipulation for pathological drunkenness is that if you know that you belong to a kind of pathological drunkenness and then do something illegal and criminal, then you are not exempted, because this is an act that you knowingly commit, and it is absolutely not allowed in law to use pathological drunkenness as an excuse for your exemption.

To sum up, drunken crime should bear criminal responsibility. However, if pathological drunkards commit crimes, they do not need to bear criminal responsibility and need to compensate the victims for their losses.

Legal basis:

Article 18 of the Criminal Law of People's Republic of China (PRC)

A mental patient who causes harmful results when he can't identify or control his own behavior and is confirmed by legal procedures shall not bear criminal responsibility, but his family members or guardians shall be ordered to strictly guard and treat him; When necessary, the government forces medical treatment. Intermittent mental patients who commit crimes when they are mentally normal should bear criminal responsibility. If a mental patient who has not completely lost the ability to identify or control his own behavior commits a crime, he shall bear criminal responsibility, but he may be given a lighter or mitigated punishment. A drunken person who commits a crime shall bear criminal responsibility.