Despite the emergence of new methods of treatment, there are diseases that cannot be completely eradicated. These scourges of modern society include HIV - the human immunodeficiency virus. People who have identified this infection should take medications that maintain immunity at the proper level all their lives. In simple terms, tablets are needed so that the body does not stop fighting foreign pathogens. In addition, there are other dangerous sexually transmitted diseases that have a detrimental effect on the human body, even in remission.
A person who knows that he is sick must observe safety precautions and in no case be silent about an illness during sexual relations. The Russian Criminal Code provides for punishment for intentionally contracting a venereal disease.
First of all, it should be said about those people who are among others and do not even suspect that they are sick. Nevertheless, in the incubation period, the virus is no less dangerous than in the active one. In this case, if infection has occurred, intent is not observed, so the patient is not subject to criminal liability . Another question is if a person leads a lifestyle in which infection is more than likely. At the same time, a citizen does not go for examinations, and therefore does not know that he is sick.
Guilty and his intent
The focus on matters relating to Article 121 of the Criminal Code of the Russian Federation is intent and desire for negative consequences. This may be a banal negligence in relation to their health and the health of others, and a sense of revenge: "I am sick, and what is better for others?"
Here it can be assumed that a person has a mental disorder of varying severity. An ordinary adequate person will never intentionally infect as many people as possible, but, on the contrary, will try to protect relatives and friends from danger.
Thus, the difficulty for any investigator, and then the prosecutor and judge, is the need to prove that the perpetrator had intent. The decision of the Supreme Court of the USSR (commentary on the article) explicitly indicates the need to find evidence of the guilt of the defendant.
Witnesses
The guilty person’s knowledge of his illness is established on the basis of testimony:
- the victim;
- acquaintances of the culprit;
- medical institution.
If necessary, if the patient did not consult a doctor, but by some signs knew that he had a sexually transmitted disease, an examination is prescribed.
Sources of infection
Not only patients are subject to criminal liability during the development and treatment of the disease, but also during observation. It is no secret that those with STDs are put on special medical records. While a person is on it, he is automatically considered a carrier and is conditionally dangerous to others.
Doctors have no right to keep patients in a medical facility, therefore the hope here is only on those accountable themselves, on their consciousness. Not for nothing that dermatovenerologists, when identifying a new case of the disease, check (according to the patient) with whom he was in contact. This is necessary to prevent the disease in others and determine the source of infection of this person.
Disposition
Infection with a venereal disease involves the commission of actions that are directly aimed at the transmission of the virus (pathogens). This can be both sexual intercourse, and the use of one dishware, clothes, or even hygiene items.
Section 121 of the Penal Code provides for punishment in two parts:
- infection by a person who knew about the presence of the disease;
- infection of two or more people, as well as the transmission of the virus to minors.
With regard to children and adolescents, the law says that the perpetrator must know not only that he has an STD, but also the fact that the infected person is not eighteen years old.
Responsibility for the act, which provides for article 121, comes from 16 years. Here it can be assumed that if the guilty person has not yet reached adulthood, then he should at least be registered with the police as a socially dangerous element of society.
Punishment
With respect to contracting a juvenile venereal disease, a crime may occur under Article 132 of the Criminal Code of the Russian Federation - sexual acts of a violent nature against children or adolescents. Accordingly, if such an act is committed, then the term will be set in accordance with article 132, which already stipulates a crime of infection with a venereal disease.
Thus, Article 121 of Part 2 contains the following types of punishments for an act against a minor or several persons:
- a fine of up to 300 thousand rubles .;
- forced labor up to 5 years;
- imprisonment, real term in a custodial institution - up to 2 years.
Those persons who have infected an adult with a venereal disease are punished with the following types:
- a fine of up to 200 thousand rubles;
- compulsory labor up to 480 hours, correctional labor - up to 2 years;
- being under arrest for up to 6 months.
As you can see, deprivation of liberty in this case is not assigned.
Lack of evidence
The release of the accused from criminal liability for the act, which is the disposition of Article 121 of the Criminal Code of the Russian Federation, also exists. In this case, the court must collect evidence that directly indicates that the suspect is healthy. Here we are talking about the lack of evidence that the person is sick. This is directly indicated by the commentary on the article on the accused’s unconfident confidence in his health.
Thus, if a person submits an application indicating that a particular person is guilty of infection, and he is completely healthy, here you should look for a third person who caused everything.
Relapse
For this crime, the appointment of punishment is not the same as for other acts. This does not take into account the previous criminal record for committing a disease infection, that is, relapse is not provided.
Thus, if a person has previously committed a crime, which provides for 121 articles of the Criminal Code, this is not considered in court as an aggravating circumstance.