Уголовно-правовая характеристика поставления в опасность заражения ВИЧ-инфекцией

Abstract

The article is devoted to the criminal-legal characteristics of the crime provided for in part 1 of Article 122 of the Criminal Code of the Russian Federation. The socio-legal basis for the introduction of criminal liability for putting at risk of HIV infection has been established. Based on the analysis of the current legislation, materials of judicial and investigative practice, legal and medical documentary sources, taking into account the fundamental categories of criminal law, the characteristics of the object, the objective side, the subjective side and the subject of the crime are determined. In addition, it was concluded that criminal liability of an HIV-positive person with an undetectable viral load under part 1 of Article 122 of the Criminal Code of the Russian Federation is impossible, since such a person is not able to transmit the disease to another person. The same conclusion should be followed when deciding on the criminal liability of a person who correctly used proven means of preventing HIV infection (condoms, pre-contact prophylaxis). It is determined that the deliberate putting at risk of infection with HIV infection does not imply any probability of infection, but only situations in which the threat of transmission of infection will be real in a specific individual situation. Such situations, as a rule, occur in cases when infection does not occur only as a result of timely measures taken by the victim, medical workers or other persons aimed at preventing HIV infection, or as a result of other circumstances beyond the control of the will of the perpetrator.