His behavioral capacity and sentenced to complete innocence without subjective criminal intent. The Taiwan judge's sentencing takes into account the subjective factors of whether the drug addict or alcoholic has criminal intent before committing the crime, such as whether the drug addict or alcoholic is subjectively aware that it will cause harm to others before committing the crime, as a sentencing criterion. The German law, however, does not adopt such a subjective proposition as the criterion for sentencing. Because the behavior of drug or alcohol abuse will interfere with personal consciousness, and let oneself deliberately engage in this unconscious behavior, although this behavior may not be directly related to the subsequent crime, it must bear certain legal responsibility.
A sentence like Taiwan's that simply uses telemarketing list subjective consciousness as sentencing has absolutely no objective basis at all, and it is easy to lure people out of their guilt. Therefore, Germany uses the severity of the offense as a criterion for determining the severity of criminal responsibility for drug or alcohol abuse. Although the above two cannot be held legally responsible for the crimes committed by the offenders who cannot identify the capacity of conduct, Germany has strictly investigated the legal responsibility of drug and alcohol abusers for drug or alcohol abuse that leads to the inability to identify the capacity of conduct. culpability.
while excluding the subjective factor of whether the perpetrator knew that drug or alcohol abuse would cause harm. Indeed, if the Taiwanese judge in this case considers the perpetrator to have no subjective intention, and finds that he can be acquitted after taking drugs or alcohol, then in the future, if you die in a car accident caused by drunk driving in Taiwan, you can claim that you are drinking too much. Is it a condition of capacity to ask for an exemption? Such a judgment in Taiwan does not impose sanctions or penalties on the perpetrators of drug abuse.