Criminal Liability for Severe Insult to be Abolished: Karen Andreasian

The Minister of Justice, Karen Andreasian, made a Facebook post informing that, as a result of inter-agency discussions led by the Prime Minister, it has been deemed inappropriate to enshrine severe insult in the new Criminal Code. Only civil liability will remain, with a fine of up to 3,000,000 drams.

“The Criminal Code, which came into effect on July 1 of this year, no longer prescribes liability for severe insult. Criminal liability for severe insult was intended to deter the unacceptable behavior of certain groups and individuals in conditions of deep polarization within society. Despite claims from certain political circles regarding the unconstitutionality of the new legal regulation on severe insult, the Constitutional Court clearly stated that it fully complies with the Constitution,” he noted.

“As a result of several professional discussions led by the Prime Minister, the government concluded that in our agenda for further democratization, even the legitimate limitations on freedom of speech should be implemented without the tools of criminal prosecution. The Cabinet found it inappropriate to enshrine severe insult in the new Criminal Code, preferring instead the existing civil liability regulations for this unacceptable phenomenon,” added Andreasian.

The government, continuing its commitment to protecting freedom of speech, also intends to take legislative measures considering international best practices to protect individuals' dignity, private life, national security, and other critically important values from abuses of free expression. Among other steps, on April 19, 2022, a collaboration began between the Ministry of Justice, several respected journalistic organizations, and the National Assembly’s Standing Committee on Science, Education, Culture, Youth, and Sports for the legislative regulation of the aforementioned issues.

“Despite the fact that there will be no criminal liability for severe insult, this does not mean that statements that degrade the dignity of others will go without significant legal consequences. Those who abuse free speech by causing insult will be required to pay compensation of up to 3,000,000 drams in accordance with the provisions of the Civil Code. Therefore, we once again urge our compatriots to refrain from offensive and indecent language; otherwise, they will face the serious legal liability prescribed by law,” he concluded.