The Concept of Guilt and Its Normative Transformation in Modern Law

This study examines the normative transformation of the concept of guilt in modern criminal law and its main doctrinal developments. The aim of the paper is to demonstrate how guilt has evolved from a classical psychological category into a normative-legal institution that constitutes one of the primary foundations for the imposition of criminal liability. The research analyzes both the classical psychological and the modern normative theories of guilt. According to the classical approach, guilt was understood as the individual’s internal psychological attitude toward the act and its consequences, whereas the modern normative theory is based on the individual’s capacity to act in accordance with the requirements of law. Particular attention is paid to the essential elements of guilt: culpability (criminal capacity), the potential awareness of unlawfulness, and the possibility of acting differently. It is emphasized that these components form the foundation for the individualization of criminal responsibility and for the imposition of fair punishment. The study further highlights that modern criminal law rejects automatic liability and instead requires an assessment of the individual’s capacities and the specific circumstances of the case. The article also analyzes the influence of German criminal law doctrine on contemporary Georgian law, particularly in relation to the normative understanding of guilt and the personalization of criminal responsibility. It is noted that modern approaches treat guilt not only as a psychological category but also as a legal and value-based concept that upholds the principles of the rule of law, human dignity, and justice. The study concludes that the normative transformation of guilt has played a significant role in the humanization of modern criminal law and in the formation of a fair system of criminal responsibility. In its contemporary understanding, guilt represents a key criterion for legitimizing state punitive power and ensures the individualized and legally justified imposition of criminal liability.