Published: 2025-01-01

Determining the states "under the influence of an intoxicant" and "after using a substance similar to alcohol" - Commentary on the judgment of the Supreme Court of 8 November 2023, III KK 151/23

Aleksander Panasiuk
"Młody Jurysta" Czasopismo Studentów i Doktorantów Wydziału Prawa i Administracji UKSW
Section: Artykuły
https://doi.org/10.21697/mj.14912

Abstract

In order to incur criminal liability under Article 178a of the Penal Code, as well as neighbouring provisions, it is necessary to be in the state of ‘under the influence of an intoxicant’.
At the same time, as a part of the criminal offence remains subdivided, it is necessary to distinguish this characteristic from the state of being ‘under the influence of a drug having a similar effect to alcohol’, which is a requirement for criminal liability for offences under Articles 86, 87 or 96 of the Misdemeanours Code.
Since there is no legal definition of the above-mentioned elements, and they themselves remain highly imprecise, there was a need for their interpretation, which has been provided by the Supreme Court on several occasions, inter alia in the latest ruling II KK 151/23, continuing the previously adopted line of jurisprudence.
In the following commentary, the author undertakes to polemicise with the position presented by the Supreme Court.
The text comprehensively touches upon the issues of interpretation of the discussed elements, raises objections against the existing line of jurisprudence and makes an attempt to establish a pattern of qualification of the above-mentioned conditions based on relational or toxicological criteria.
In addition, the author analyses the issue in question in view of the amendment of the Penal Code of 14 March 2024, as well as in the broad constitutional and systemic context.

Keywords:

under the influence of an intoxicant, after using a substance similar to alcohol, misdemeanour, crime, penal code

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Citation rules

Panasiuk, A. (2025). Determining the states "under the influence of an intoxicant" and "after using a substance similar to alcohol" - Commentary on the judgment of the Supreme Court of 8 November 2023, III KK 151/23. "Młody Jurysta" Czasopismo Studentów I Doktorantów Wydziału Prawa I Administracji UKSW, (2), 19–35. https://doi.org/10.21697/mj.14912

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