By the new RA Criminal Code, which came into force on July 1, 2022, the institute of guilt underwent significant changes. In accordance with Article 23 of the RA Criminal Code:
“1. The person shall be subject to criminal liability if s/he has committed an act with guilt, provided by this Code, prohibited under the threat of punishment.
- An act prohibited under the threat of punishment under this Code is considered to have been committed with guilt, if the person who committed it was aware of the unlawfulness of his/her act or even though he was not aware of it, he/she could have been aware of it.
- This Code is based on the presumption of awareness of the unlawfulness of the act or the ability to realize it.”
In contrast to the previous Code, it is now emphasized that the perpetrator was aware of the unlawfulness of his/her act (not the dangerousness of the act) or even if s/he was not aware, he could have been aware of it.
At the same time, it is noted that the Code is based on the presumption of awareness of the unlawfulness of the act or the ability to realize it. In other words, until proven otherwise, it is considered that the person was aware or could have been aware of the unlawfulness of the act.