Voluntary intoxication

Notion(s) Filing Case
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.[1] 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.[2]

[1] Simić Sentencing Judgement, para. 74; Todorović Sentencing Judgement, para. 94, footnote 98.

[2] Trial Judgement, para. 706.

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