HIV Infection - Commentary on the Criminal Code of the US Federation

Infection with HIV

1. Knowingly placing another person at risk of contracting HIV infection -

is punishable by restraint of liberty for up to three years, or by forced labor for up to one year, or by arrest for up to six months, or by imprisonment for up to one year (in the amended version of Federal Law No. 26-FZ of 07.03.2011, No. 420-FZ of 07.12.2011).

2. The infection of another person with HIV infection by a person who knew of his illness -

is punishable by deprivation of liberty for a term of up to five years.

3. An act provided for in part two of this article committed against two or more persons or with respect to a minor , -

is punishable by deprivation of liberty for up to eight years, with deprivation of character to hold certain positions or engage in certain activities

for up to ten years or without it

4. Infection of another person by HIV infection due to inadequate performance by a person of their professional duties -

is punishable by forced labor for a period of up to five years, with deprivation of the right to hold certain positions or engage in certain activities for up to three years, or without it, or imprisonment for up to five years, with deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years (

Note . The person who committed the acts specified in parts one or two of this article shall be exempt from criminal liability in the event that another person placed at risk of infection or infected with HIV, was promptly warned about the presence of the first of this disease and voluntarily agreed to perform actions that created the danger of infection (note introduced by Federal Law No. 162-FZ of 08.12.2003).

1. The peculiarity of criminal liability under the article under review is the fact that both of the envisaged elements of the crime are over. In accordance with Part 1 of the article, acts that expressly intended to create a risk of contracting HIV for another person are considered criminal, according to parts 2-4 - actions that resulted in the infection of another person with HIV.

2. The subject of the offense provided for in Part 1 of the article is any person capable of putting the victim in a dangerous state, as a result of which the latter may be infected with HIV. Such a person can be, for example, a drug dealer who distributes a drug infected with HIV.

The subject of crimes under articles 2 and 3 of the article is only the virus carrier.

Under item 4 of the article, the subject is any person carrying an official duty for the proper storage of biological material infected with the immunodeficiency virus, as well as a person who does not comply with the duty to properly use medical equipment capable of transmitting HIV. Officials of medical institutions that failed to comply with the established rules, if this resulted in HIV infection, are criminally responsible for negligence (Part 2, Article 293 of the Criminal Code).

3. Part 1 of the commented article provides responsibility for the mere delivery of another person to the risk of contracting HIV. The most common methods of transmission of the immunodeficiency virus are sexual intercourse, blood transfusion, use of an unsterile syringe, contacts of damaged body surfaces. At the same time, HIV infection is not transmitted by air, by the way of life and through non-sexual contacts, in connection with which such forms of communication of the guilty themselves do not form the objective side of this crime.

4. The subjective side of the crimes provided for in Part 1 -3 of the commented article are characterized as direct, and indirect intent.

In this case, there must be established knowledge of the culprit about the presence of this disease.

According to part 4 of the article, the subjective side is characterized by careless fault.

5. In part 3 of the article, two qualifying signs of infection of another person with HIV infection are established by a person who knew about the presence of this disease, namely the commission of a crime: a) against two or more persons, or b) against a minor. It should be emphasized that these signs do not refer to placing another person at risk of contracting HIV.

6. In the Note, the article under review determines the conditions under which the person who committed the acts provided for in part 1 or 2 of the article is exempted from criminal liability.

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