Subjective signs disease of venereal infection

Abstract

The article is devoted to the problem of the criminal law prohibition of infection with venereal diseases. The use of criminal legal means is a necessary and effective tool in the fight against the spread of social diseases. Part 2 and Part 3 of this article provide for the qualified components of the crime - infection with a venereal disease by a person previously convicted of infecting another person with a venereal disease, infection of two or more persons or a minor (Part 2 of Article 133 of the Criminal Code of Ukraine) and infection which caused serious consequences (Part 3 of Article 133 of the Criminal Code of Ukraine).
 The article presents official statistical data on the level of the specified criminal offenses for the period from 1992 to 2021. It is established that, compared to the 90s and 2000s, the level of these criminal offenses has significantly decreased. If for the period from 1992 to 2011 an average of 36 crimes were registered per year, then for the period from 2013 to 2021, only 10 crimes, provided for by Art. 133 of the Criminal Code of Ukraine.
 Although there is a certain decrease in the quantitative indicators of the analyzed criminal offense, its social danger is high, since this act encroaches on an important group of social values, in particular, the health of a person.
 The article examines questions regarding the content of subjective signs of infection with a venereal disease, since establishing their features is of exceptional importance for the correct qualification of the act.
 Signs of a special subject of venereal disease infection are being investigated. The subject of the crime under consideration is a special one, namely a person who knew about the presence of a venereal disease. Responsibility begins at the age of 16. The fact that a person is aware of his illness can be evidenced by the results of a medical examination, a warning from a medical institution, as well as his own experience and his reference to medical literature.
 It has been established that the possible subjects of this crime should include not only sick persons, but also bacteria carriers and contact persons (provided that these persons are aware).
 The idea that direct intent is impossible for this component of the crime is denied. The subjective side of venereal disease infection is characterized by direct and indirect intent, as well as unlawful self-confidence.