Comment to Article 115. Venereal disease infection of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan

     Infection with a sexually transmitted disease of another person, which has serious consequences, as well as infection of two or more persons or a known minor by a person who knew about the presence of this disease., -      

is punishable by a fine in the amount of five hundred to one thousand monthly calculation indices or in the amount of the convicted person's salary or other income for a period of five to seven months or by imprisonment for a term of up to two years.

     Sexually transmitted diseases are a group of infectious diseases that are most often transmitted sexually. These include syphilis, gonorrhea, mild chancre, and other diseases that require a forensic medical examination.      

Sexually transmitted diseases pose a serious danger to society, as they pathologically affect the health of children, lead to infertility of the patients themselves, etc. In accordance with article 24 of the Law of the Republic of Kazakhstan "On Public Health Protection" dated July 7, 2006, persons who evade attendance for examination and treatment, as well as those who spread sexually transmitted diseases and AIDS, are responsible in accordance with the laws of the Republic of Kazakhstan. K090000193_      

The object of the crime is human health.      

The objective side of the crime is expressed in the infection of another person with a sexually transmitted disease, which has serious consequences, as well as the infection of 2 or more persons or a known minor by a person who knew about the presence of this disease.      

Medicine understands "venereal disease infection" to mean the transmission of pathogens of these infectious diseases, both through sexual intercourse, as well as through domestic and congenital pathways.      

The method of infection does not matter for the qualification of the culprit's actions, i.e. it is not necessary that the infection occur sexually.      

An obligatory sign of the objective side of this crime is the criminal consequence in the form of infection of the victim with a sexually transmitted disease (syphilis, gonorrhea, etc.), 18 sexually transmitted diseases are known. It is necessary to establish a causal relationship between the actions and inaction of the perpetrator and the victim's infection with venereal disease.      

A crime is considered over from the moment another person is infected with a sexually transmitted disease.      

The subjective side of the crime is characterized by direct intent or indirect intent. Intent occurs in cases where the perpetrator found out that he was sick, foresaw the possibility of infecting someone and desired these consequences (the onset of the disease) or deliberately allowed them (satisfying lust, the perpetrator is indifferent to the possible infection of the victim with venereal disease). To establish the composition of the crime in question, it is necessary to establish the existence of evidence that the person knew about the presence of his illness. Criminal liability should occur not only during the period of illness and treatment, but also during the period of monitoring by the medical institution of the patient before his removal from the register.      

The subject of the crime is a sane individual who has reached the age of 16, has a sexually transmitted disease and knows about it.      

The victim's consent to the risk of being infected with a sexually transmitted disease is not a circumstance that excludes the responsibility of the infecting person.

Commentary from 2007 to the Criminal Code of the Republic of Kazakhstan from the Honored Worker of Kazakhstan, Doctor of Law, Professor, Academician of the Kazakhstan National Academy of Natural Sciences BORCHASHVILI I.Sh.                  

Date of amendment of the act:  08/02/2007 Date of adoption of the act:  08/02/2007 Place of acceptance:  NO Authority that adopted the act: 180000000000 Region of operation:  100000000000 NPA registration number assigned by the regulatory body:  167 Status of the act:  new Sphere of legal relations:  028000000000 Report form:  COMM Legal force:  1900 Language of the Act:  rus

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