|Appeal Judgement - 28.02.2005||
KVOČKA et al.
707. The Appeals Chamber now turns to Žigić’s submission that his extreme consumption of alcohol should be considered a mitigating circumstance. The jurisprudence of this Tribunal is clear that voluntary intoxication is not a mitigating factor. In this regard, the Trial Chamber correctly stated:
[W]hen mental capacity is diminished due to use of alcohol or drugs, account must be taken of whether the person subjected himself voluntarily or consciously to such a diminished mental state. While a state of intoxication could constitute a mitigating circumstance if it is forced or coerced, the Trial Chamber cannot accept Zigic’s contention that an intentionally procured diminished mental state could result in a mitigated sentence.
 Simić Sentencing Judgement, para. 74; Todorović Sentencing Judgement, para. 94, footnote 98.
 Trial Judgement, para. 706.