The Impact of Voluntary Intoxication on Criminal Responsibility in Libyan Criminal Law

Abstract

This research investigates the legal implications of voluntary intoxication on criminal responsibility within the framework of Libyan criminal law. The core problem lies in the tension between the fundamental principle of criminal liability—which necessitates the existence of discernment and free will at the moment of the offense—and the necessity of social protection against crimes committed under the influence of alcohol or drugs. According to the Libyan Penal Code, specifically Article 90, voluntary intoxication does not constitute a ground for exemption from criminal responsibility. The study analyzes how the Libyan legislator treats the offender who intentionally deprives himself of his mental faculties, considering that the initial act of consuming the intoxicant was a choice. Furthermore, the paper explores the jurisprudential debate regarding the nature of the intent in crimes committed while intoxicated, questioning whether it should be classified as a specific intent or a constructive intent based on the prior fault. The research concludes that the Libyan approach adopts a policy of social defense, ensuring that individuals cannot evade punishment by claiming a self-induced lack of consciousness. It recommends a more nuanced legislative distinction between crimes of intent and crimes of negligence committed during voluntary intoxication to align more closely with modern principles of criminal justice.