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| | | Article Name : | | | Comparative Overview of “Committing a Criminal Offense while Intoxicated”, between Albanian and Italian Criminal Legislation | | Author Name : | | | Andi Përmeti | | Publisher : | | | Bridge Center | | Article URL : |  | | | Abstract : | | | Criminal law is that branch of law, which deals with the study and treatment of the meaning of the criminal offense and its acts, the constituent elements of the acts of the criminal offense, which are the main factors that serve as the basis for putting a person before criminal liability.
Making a definition of a criminal offense, as a socially dangerous act or omission, provided by law and committed with guilt, in each of the two forms of the latter (intentionally or negligently), this branch of law, in this way, lays the foundations for an effective fight against crime. It aims to bring to justice only those persons who commit criminal offenses, provided as such by criminal legislation, punishable and such that create the conditions for taking the person into criminal responsibility and at the same time guaranteeing the legality of the criminal process. One of the institutes of criminal law, which is treated respectively in Chapter II of the General Part of the Code of Criminal Procedure , is criminal liability with its constituent elements and with cases that exclude it such as the age under fourteen for juveniles who have committed a crime and age under sixteen for criminal offenses; such mental incapacity that has completely disrupted the mental balance of the person; necessary protection and extreme need; cases that do not exclude criminal liability are also included, specifically the commission of a criminal offense while intoxicated, which this paper aims to address.
Liability is an element or condition of criminal liability. As we will see below, without (the person’s) responsibility there can be no criminal liability.
Since the essence of this paper is the study and analysis of the criminal offense committed while intoxicated, ie under the effect of alcohol, narcotics, psychotropic substances and other stimulants, it is important to deal with this criminal offense first, according to legislation and the Albanian Code of Criminal Procedure. Knowing the key points of the offense, in a state of intoxication according to our Code of Criminal Procedure, we have it easier to make the necessary comparisons to find the connection with the Italian Code of Criminal Procedure, better understanding the differences and similarities between these two codes always in relation to the commission of the criminal offense while intoxicated.
| | Keywords : | | | Code of Criminal Procedure, Criminal Law Institute, intoxication |
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