Beware of the Eid holiday party .. Know the criminal responsibility of the "drunkard"
A few hours away from the start of the celebration of Eid al-Fitr, where most of these holidays and celebrations are linked to some of the young people between the holidays and drugs, thinking that "drinking" – in reference to drugs – is one of the ways to celebrate the Eid, Such events.
With the end of the month of Ramadan and the beginning of Eid al-Fitr, all nightclubs and liquor shops continue their work after closing during the holy month of Ramadan – according to the regulations of the Ministry of Tourism license – which was applied by the former Egyptian Minister of Tourism Mounir Fakhry Abdel Nour 4 years ago to prevent the provision of alcohol and alcohol in tourist facilities for Egyptians .
All religious holidays were observed in respect of Muslims' feelings after the specifications and requirements of tourist establishments including shops, restaurants, nightclubs and hotels were amended to be valid throughout Ramadan, the New Year's Eve, the Night of Isra and Maraj, the birthday of the Prophet and Arafat's day.
However, the problem faced by the security services on such occasions to reach the stage of "sugar", and then go out to the street, how did the Egyptian law to address the "drunk"? And what is the criminal responsibility for this "drunkard"? .. Is it led like committing this act once arrested to prison?
The security services are often free of such incidents because of the violation of the law. However, there are many questions that arise in such circumstances. For example, "a person who is a bar pioneer licensed under the Trades and Crafts Law, took alcohol in the bar until he was drunk. To feel guilty of the offense of victimization or any other offense and caused the missing victim to feel a wound cut to the Magen upon him almost to wish his life .. "Is the criminal responsibility of this perpetrator who committed the crime is realized is lacking in feeling?
To answer this question, Yasser Farouk Al-Amir, a professor of criminal law and defense lawyer, said that it is scientifically proven that excessive consumption of narcotic substances leads to an imbalance in the mental abilities and in the control of the person to the actions that result from it, Of crimes, whether or not the drug has been consumed by alcohol or alcohol.
According to the "Prince" in a statement to "the seventh day": legislator in Article 2/62 sanctions lifting the responsibility for diabetes if the drug or drink Almkker short of it indicated the concept of the violation on the responsibility of the drunkard choice, not in the jurisprudence in this regard, but also a doctrine The Court of Cassation did not release this consideration for all intentional crimes, but rather limited it to a range of which are crimes where the law is limited by the general purpose. Where the law requires that the crime be committed with special intent, the responsibility of the drunkard is not fulfilled for this purpose, The drug to strengthen its determination to commit the crime then it TPR is responsible for this crime, even if the special intent.
According to the "Prince": jurisprudence compound to misjudge this opinion that the distinction in the rule between public and private purpose is arbitrary, and that the Court should have been settled between the two Qasim because they are of one nature, both based on science and will, General in accordance with the concept of violation of article 62/22 is one of the things that can raise the suspicion of unconstitutionality, because the legislator assumed the intention of the drunkard to choose a presumption that does not accept the proof of the contrary if the sugar can sometimes disrupt the will that is the subject of abuse according to expel him Court of the Constitutional Court, stressing that say The Supreme Constitutional Court, the judge must examine each case on its own, if it is proved that the will is the responsibility, and if it fails, both the responsibility and the sin will be lost.
On the other hand, Michelle Ibrahim Halim, a legal expert and lawyer, said that according to Law No. 63 of 1976 on the prohibition of drinking alcohol, it was only criminalized to offer alcohol in public places or public shops and to advertise it by any means. In general or in a public place in a clear state of drunkenness, and the penalty of such imprisonment shall be for a period not exceeding six months and a fine or one of the two penalties .
Excluded from this provision – according to "Halim" – in a special statement – a number of places and facilities such as:
1. Hotels and tourist establishments determined in accordance with the provisions of Law No. 1 of 1973 in the matter of hotel and tourist in accordance with the provisions of Law No. 1 of 1973 regarding the hotel and tourism.
2. Clubs of a tourist nature, which shall be determined by a decision of the Minister of Tourism in accordance with the provisions of Law No. 77 of 1975 promulgating the law of the civil bodies for the care of youth and sports.
It is prohibited to publish or advertise the beverages referred to in the licensed places by any means. Anyone who advertises the sale of liquor even in places authorized to do so shall be punished by imprisonment for a term not exceeding six months and a fine not exceeding two hundred pounds or one of these two penalties. The penalty for publishing or broadcasting the advertisement by any means.
Article 76 of the Traffic Law No. 121 of 2008 stipulates that if the use of narcotic substances or the sugar of motorists on the roads is proven, the license shall be withdrawn and transferred to the prosecution. The penalty of such offense shall be imprisonment for a period of not less than two years and a fine of 10,000 pounds. Any person in a traffic accident shall be imprisoned for a period not less than two years up to five years.
If the result is total disability or death, imprisonment of 3 years to 7 years and a fine of LE 20,000, with the revocation of the driver's license. A new driver's license may be reinstated only after rehabilitation.
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