Comment to article 116. Human immunodeficiency virus (HIV) infection/AIDS) The Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan
1. Knowingly putting another person at risk of HIV infection/AIDS, -
is punishable by restriction of liberty for a term of up to three years, or by arrest for a term of up to six months, or by imprisonment for a term of up to one year.
2. Infection of another person with HIV/AIDS by a person who knew he had the disease, -
is punishable by imprisonment for a term of up to five years.
3. An act provided for in the second part of this Article committed against two or more persons or against a known minor, -
is punishable by imprisonment for a term of up to eight years.
4. Infecting another person with HIV/AIDS due to improper performance of professional duties by a medical professional in the organization of household or other services for the population -
is punishable by imprisonment for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
The human immunodeficiency virus (HIV) poses an increased risk, as it leads to the disease AIDS. It is justifiably called the "plague of the 20th century" because of the speed of spread, the lack of effective medicines, as well as the severe outcome of the disease. The virus carrier is sometimes unaware of its illness, as the incubation period lasts for years, and sometimes decades. By violating the rules of hygiene and sanitation when in contact with other people, he can infect a large number of people, condemning them to death, since there are currently no medical drugs for treating HIV infection.
Acquired immunodeficiency AIDS syndrome is a particularly dangerous infectious disease associated with infection with the human immunodeficiency virus (the Law of the Republic of Kazakhstan "On Public Health Protection" dated July 7, 2006). This law establishes that compulsory measures are applied in cases of evasion from voluntary treatment. Persons who evade attendance for examination and treatment, as well as those who spread sexually transmitted diseases and AIDS, are liable in accordance with the legislation of the Republic of Kazakhstan.
This rule consists of four parts. A person is liable not only for contracting HIV/AIDS, but also for knowingly putting another person at risk of infection.
The object of the crime is human health. The objective side of the crime is to knowingly put another person at risk of contracting the human immunodeficiency virus HIV/AIDS regardless of the method of infection. Medicine has established that the virus can be transmitted sexually (it is predominant in homosexual contacts), through blood, in cases of using non-sterile instruments and syringes, systems during operations, blood transfusions, etc. The disease can be transmitted from a sick mother to a child during breastfeeding.
The most common is sexual. At the same time, the victim's consent to sexual intercourse with the virus carrier does not exclude criminal liability of the perpetrator.
The crime is considered over from the moment the victim is put at risk of infection with the immunodeficiency virus.
The subjective side of the crime is characterized most often by direct or indirect intent. The perpetrator knows that by his actions he creates a real possibility of infecting another person with HIV infection, and he wants it or treats it indifferently. In other words, the perpetrator is aware that, being a virus carrier, he violates the established prohibition to have sexual contact with another person or other precautionary rules. The subject of the crime is a sane individual who has reached the age of 16 and knew about his HIV infection.
The qualified staff (Part 2 of Article 116 of the Criminal Code) provides for responsibility for the actual infection of another person with HIV infection by a person who knew about the presence of this disease. The crime is considered over from the moment another person is infected with the virus.
Part 3 of Article 116 of the Criminal Code provides for HIV infection of two or more persons, or a known minor.
Part 4 of Article 116 of the Criminal Code is distinguished by the presence of a special subject of the crime. They can be a medical professional or an employee whose professional activity is related to receiving or storing donated blood, treating or servicing people infected with HIV/AIDS, as well as an employee of organizations providing household or other services to the public. Professional duties may be violated by using non-sterile instruments, syringes, poor-quality donor screening, etc.
The objective side of the crime provided for in Part 4 of Article 116 of the Criminal Code is expressed in violation of specially established rules for the prevention of HIV infection, the actual infection of the victim, the presence of a causal link between improper performance of professional duties and criminal consequences.
The subjective side is characterized by guilt in the form of carelessness: arrogance or negligence.
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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