Full eller sjuk? - En tvärdisciplinär studie om gränsdragningen mellan vad som utgör en självförvållad berusning och ett kortvarigt psykotiskt tillstånd utlöst av alkohol.

Sammanfattning: The term pathological intoxication is an older psychiatric diagnosis that is not currently used in Swedish psychiatry because there is not enough research to support that the condition exists. In legal terms a pathological intoxication is defined as a short-term psychotic state triggered by alcohol consumption. A pathological intoxication is included in the criterion severe mental disorder in chapter 30:6 of the Swedish Penal Code, if the condition is not voluntary intoxication the rule provides a presumption against imprisonment. The criterion sever mental disorder is a legal term and a pathological intoxication is a psychiatric diagnosis therefore there is an interest to investigate how they differ. The purpose of this essay is to investigate the extent of the legal perception of the boundaries of what constitutes a voluntary intoxication and a alcohol-induced psychoctic state, and how it differs from the way psychiatry understands it. This will be investigated by analyzing when a pathological intoxication includes in the criterion severe mental disorder in chapter 30:6 of the Swedish Penal Code. To investigate the differences there has been an interdisciplinary approach applied. In the case study there are four criterions that are recurrent. The courts have discussed whether these are met, which has been crucial for whether it is to be considered as a voluntary intoxication or a pathological intoxication. In an interview with Peter Andiné these criterions have been explained from a psychiatric understanding. Overall it has emerged from the investigation three different terminologies of what a pathological intoxication is, which is found in legal doctrine, psychiatry and practices. The essence of a pathological intoxication in psychiatry is the low amount of alcohol, while in the court cases for example in the case NJA 2001 s.899 has the Supreme Court found that there may be a higher amount of alcohol.