Art. 122 of the Criminal Code of the Russian Federation includes dispositions and sanctions that fix the act, which is called HIV infection, and, accordingly, responsibility for it. Currently, statistics show that the number of committed acts has increased significantly, and this, of course, requires the greatest attention of law enforcement agencies.
What is HIV?
This virus attracts human immunodeficiency and is one of the most dangerous for his life. The threat is that HIV causes the body to become infected with such a terrible disease as AIDS. A disease affects a person very cunningly, since for some time he may simply not know that he has become infected, and this leaves a minimum chance of cure.
The Criminal Code in connection with such a danger of the disease provides 122 article, which establishes punishment for infection of one person with another HIV infection. This is a very wise decision by lawmakers, since AIDS, as you know, entails the death of a person, and in a short time. That is why so much attention was paid to this issue.
Art. 122 of the Criminal Code: corpus delicti
The colossal spread of the epidemic has led to the legislative consolidation of ways to combat it. One of them is the responsibility of infecting someone with an infection. The necessary composition of this crime can be clearly seen in Art. 122 of the Criminal Code. Judicial practice also does not leave this issue aside, in every possible way interpreting and clarifying the indicated norm.
So, the composition includes, as in any other crime, mandatory and optional features. The former are necessary to qualify the act and, in principle, to establish the fact of the crime, and the latter may be part of the act, but may not be. And precisely for the correct determination of the composition, it is necessary to consider each of its elements separately.
Objective signs
Public relations, which are infringed by the offender, is an object that in this act represents the safety of both a person’s life and his health. AIDS infection will inevitably sooner or later entail the death of the victim, respectively, the encroachment directly or indirectly is carried out more on the person’s life.
As for the objective side, two points are important here. The first is that which is also enshrined in Art. 122 of the Criminal Code of the Russian Federation the composition of the crime is formal. It is enough that there is a real opportunity to infect a person or begin to take actions to become infected, and the act will be considered completed. That is, the onset of consequences is absolutely not necessary.
It is also important to understand how crime manifests itself externally. The objective side is that the perpetrator puts another person at risk of getting a serious HIV disease, knowing about it. That is, knowledge about their own infection is required. If this was not known, then the corpus delicti in such actions will not appear.
In addition, Art. 122 in the second part of the Criminal Code of the Russian Federation establishes an act aimed at direct infection with an infection by the active actions of a person who is a carrier or sick.
Subjective symptoms
An individual who is recognized as sane and has reached the age of sixteen years is the subject of almost any crime, with some exceptions. As for infection with this infection, then Art. 122 of the Criminal Code automatically defines it as special. In addition to the general requirements, this person must be a carrier of infection or even have AIDS. Otherwise, there will be no composition.
Guilt as a manifestation of the subjective side is expressed, as is known, in a person’s mental attitude to the crime that he commits, and to the consequences that ensue as a result. Infection with this dangerous disease can be carried out in the form of intent, which is possible both directly and indirectly, as well as negligence is possible, but only in the form of frivolity, that is, with the arrogant hope that the consequences will be eliminated.
It is important to correctly distinguish between intent and negligence and understand that not one form of guilt does not make an act less dangerous. Intention is always the awareness of one’s actions, as well as the desire for consequences.
Carelessness implies that a person does not want these consequences or simply thinks, of course, without sufficient reason that they will not occur.
Qualifying signs
Aggravating circumstances, which subsequently lead to the imposition of the most severe punishment, are recorded in parts three and four of Art. 122 of the Criminal Code. Qualifying signs include acts to place a person at risk of infection, as well as directly contracting an infection, committed:
- in relation to two persons or more;
- a person who performed her duties (namely professional) and did it inappropriately.
The list of these circumstances is exhaustive. Each of the signs does not require separate interpretation or explanation. If this crime is committed, the person, in connection with his profession, is not a carrier of infection, he is not infected with AIDS, and infection is the result of his activities.
Exemption from criminal liability
As you know, Art. 122 of the Criminal Code of the Russian Federation for HIV infection provides for the most severe sanction - up to eight years in prison. This sanction defines this crime as grave. However, the legislator also adopted a note to the article, which makes it possible to exempt a person from liability.
A person who has placed another person in a state of danger of infection or has infected him at all may be exempted from liability. Two conditions are necessary for this.
- The person who was infected should be aware of the presence of infection in the already infected.
- He must give consent to any actions that may ultimately lead to infection.
It is important to understand that such a clause is valid only in cases that are provided for by parts one and two of the article under consideration of the Criminal Code.
In the presence of aggravating circumstances, such leniency is impossible, even if the infected person possessed the necessary information and gave his approval to carry out certain actions.