Article 122 of the Criminal Code: HIV infection

Art. 122 of the Criminal Code of the Russian Federation includes in its composition dispositions and sanctions fixing an act that is called HIV infection and, accordingly, responsibility for it. Currently, statistics show that the number of named acts committed increased significantly, and this, of course, requires the greatest attention of law enforcement agencies.

What is HIV?

This virus leads to human immunodeficiency and is one of the most dangerous for his life. The threat is that HIV causes infection of the body with such a terrible disease as AIDS. The disease very cleverly affects a person, because for a while he may simply not know that he has been infected, and this leaves a minimum of chances for a cure.

The Criminal Code in connection with this danger of the disease provides 122 articles, which sets the punishment for the infection of one person by another with HIV. This is a very wise decision by lawmakers, since AIDS, as is known, entails the death of a person, and for a short time. That is why this issue was given so much attention.

Art. 122 of the Criminal Code: the nature of the crime

The colossal spread of the epidemic has led to legislative consolidation of ways to combat it. One of them is the responsibility for 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 question aside, in every possible way interpreting and explaining the specified norm.

So, the composition includes, as in any other crime, mandatory and optional signs. The former are necessary for the qualification of an act and, in principle, for establishing the fact of a crime, while the latter may be part of an act, but may not be. And it is for the correct definition of the composition to consider each of its elements separately.

Objective signs

Public relations, which are subject to encroachment on the part of the offender, is an object that in this act represents the safety of both human life and his health. Infection with AIDS inevitably sooner or later entails the death of the victim, accordingly, the assault is directly or indirectly carried out more on the life of the person.

As for the objective side, two things are important here. The first is that which is also fixed in Art. 122 of the Criminal Code of the Russian Federation, the offense is formal. It is enough to have a real opportunity to infect a person or begin to commit acts of infection, and the deed will be considered finished. That is, the onset of consequences is not absolutely necessary.

It is also important to understand how the crime manifests itself outward. The objective side is expressed in the fact that the perpetrator puts another person in danger of receiving a serious HIV disease, knowing about it. That is, knowledge about one's own infection is mandatory. If this was not known, then the corpus delicti will not manifest itself in such actions.

In addition, Art. 122 in part two of the Criminal Code of the Russian Federation fixes an act aimed at directly infecting an active person with an active agent who is a carrier or a sick person.

Subjective features

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 the infection with this infection, Art. 122 of the Criminal Code automatically defines it as a special one. In addition to the general requirements, this person must necessarily be the carrier of the infection or completely sick with AIDS. Otherwise, the composition will not be.

Wine as a manifestation of the subjective side is expressed, as is known, in the person's mental relationship to the crime that it commits, and to the consequences that come as a result. Infection with this dangerous disease can be carried out in the form of intent, which is possible both in a direct form and in an indirect way, and also imprudence is possible, but only in the form of frivolity, that is, with the presumptive hope that the consequences will be eliminated.

It is important to correctly distinguish between intent and imprudence and understand that not one of the forms of guilt does not make the act less dangerous. Intent is always an awareness of one's actions, as well as a desire for consequences.

Incautiousness implies that a person does not want these after-effects or simply thinks, of course, without sufficient grounds that they will not come.

Qualifying signs

Aggravating circumstances that subsequently lead to the appointment of the most severe punishment are fixed in parts three and four of Art. 122 of the Criminal Code. Qualifying signs include actions to place a person in danger of infection, as well as directly infection with the infection, committed:

• In relation to two persons or more;
• A person who performed his duties (namely professional) and did it improperly.

The list of these circumstances is exhaustive. Each of the signs does not require a separate interpretation or explanation. In the case of committing this crime, a person, in connection with his profession, is not an infection carrier, 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 for HIV infection provides for the most severe sanction - up to eight years of imprisonment. This sanction defines this crime as grave. However, the legislator also adopted a note to the article, which makes it possible to release a person from liability.

A person who has put another person at risk of infection or even infected him at all, may be exempt from liability. For this, two conditions are necessary.

1. The person who was infected should know about the infection of the already infected.
2. He must consent to any action that could eventually lead to infection.

It is important to understand that such a clause is valid only in cases that are stipulated in parts one and two of the article under review of the Criminal Code.

In the presence of aggravating circumstances, such indulgence is impossible, even if the infected person possessed the necessary information and gave his approval for carrying out certain actions.