Problems of Forensic Sciences 2009 Vol. 80 (LXXX) 386-402
THE CONCEPT "STATE UNDER THE INFLUENCE OF AN INTOXICATING SUBSTANCE". LEGAL ASPECTS
Ryszard A. STEFAŃSKI
Łazarski School of Commerce and Law, Warsaw, Poland
Streszczenie
The author discusses various definitions of states linked with use of intoxicating substances appearing in Polish legislation from the point of view of a lawyer: a state “after use of a substance acting similarly to alcohol”, “after use of a similarly acting substance” and “under the influence of an intoxicating substance”. He explains what the concepts “intoxicating substance” and “substance acting similarly to alcohol” mean to a lawyer. He emphasises that the criterion separating states linked with use of intoxicating substances has a quantitative and not a qualitative character. A state under the influence of an intoxicating substance encompasses situations in which a defined amount of intoxicating substance is present in the organism. The multiplicity and heterogeneity of intoxicating substances makes it impossible to indicate one quantitative measure, since the strength of action of each substance on the CNS is different, which is why it is essential to establish concentration thresholds for particular intoxicating substances, especially those which are most often detected.
Słowa kluczowe
State after use of a substance acting similarly to alcohol; State under the influence of an intoxicating substance; Intoxicating substance; Substance acting similarly to alcohol.