122 article of the Criminal Code provides for several offenses. This norm is included in the section of acts encroaching on human health. Let's consider it in more detail.
General composition
Article 122 of the Criminal Code of the Russian Federation determines the punishment for persons who knowingly put others at risk of contracting HIV infection. For this act, the legislation establishes the following sanctions:
- Up to 3 years of freedom restriction.
- Arrest up to six months.
- Up to a year of forced labor.
- Up to 1 g of prison.
Qualifying signs
Article 122 of the Criminal Code of the Russian Federation considers HIV infection by a subject who knew of its presence to be considered as the first aggravating circumstance. In this case, the punishment is one - imprisonment of up to five years. The specified act may be committed in respect of several persons or a minor (article 122, part 3 of the Criminal Code of the Russian Federation). For this crime is set to 8 years in prison. At the same time, the perpetrator may be banned from staying at certain posts or carrying out specific activities for 10 years. Another qualifying feature of Article 122 of the Criminal Code of the Russian Federation calls the commission of an act as a result of negligent performance by a subject of professional duties. In this case, the perpetrator is charged with:
- Up to 5 years in prison.
- Forced labor for the same period.
In addition to any of these penalties, article 122 of the Criminal Code of the Russian Federation gives the court the opportunity to establish a ban on the performance of certain activities or stay in certain positions for up to 3 years.
Important point
Subjects whose acts are qualified under part 1 and part 2 may be exempted from liability. This is allowed if the person who acquired the disease was warned in a timely manner of the presence of the perpetrator. In this case, the victim himself agreed to the implementation of actions that entailed infection.
Danger of action
The crime considered by article 122 of the Criminal Code of the Russian Federation undoubtedly creates a threat to society. This is due to the fact that the disease that the victim acquires is currently considered incurable and leads to death. Thus, the criminalization of this act is fully justified.
Article 122 of the Criminal Code: comment
On the objective side of the act in question, deliberately putting the victim in danger of receiving an incurable disease forms the real conditions under which there is a threat of acquiring the disease. The corpus delicti of this nature is referred to in criminal law as “truncated”. It is considered actually completed already at the preparation stage. In this case, we can talk about sexual contact without barrier means, the use of a non-sterile medical instrument, syringes when injecting drugs, and so on.
Subjective part
According to the general composition, which is established by article 122 of the Criminal Code of the Russian Federation, this side is characterized by exclusively direct intent. Normally there is an indication of deliberate. That is, the perpetrator is aware of the threat of transmission to the victim of the disease. In qualifying goals and motives do not matter. They are taken into account when determining the punishment for the perpetrator. The subject of the crime considered by article 122 of the Criminal Code of the Russian Federation is an individual who is sane and has reached 16 years of age. When qualifying an act, not only a person who is aware of his disease, who suffers from it, but also any other person who knows about this fact, but nevertheless intentionally performs dangerous acts, is taken into account. This may be an injection of the patient with a syringe to other people, the organization of promiscuous sexual contacts, and so on.
Qualified staff
The crime considered in part 2 of the commented article is considered completed from the moment the victim acquired the disease and when a causal relationship was established between the consequences and the behavior of the perpetrator. The corpus delicti in this case is considered material. In this case, the subjective part is characterized by a careless and intentional form of guilt. Along with this, qualification excludes the commission of negligence. As a rule, the subject of the crime behaves indifferently or frivolously in relation to the consequences. In this case, the perpetrator has special characteristics. He, as for qualifications in the general composition, must be sane and reach 16 years. Along with this, he should know that he has HIV.
Act of negligence
This symptom is provided for in part 4. The norm establishes that the subject who has improperly performed his professional duties is liable. As a result , the victim has acquired a life-threatening disease. It is mainly about health workers, employees of blood transfusion stations. Among them, there are people who act frivolously. In particular, this is manifested in poor-quality sterilization of the medical instrument, reuse of a disposable syringe and so on.
Note
It establishes the basis according to which the perpetrator can be released from liability. This addition is essential in qualifying an act and in dealing with a situation. As stated in the note, the perpetrator may warn the victim in advance of danger. If, in this case, the latter agrees to further actions, the carrier carrier of the pathology is exempted from liability. In this case, it is necessary to precisely determine that the victim freely and without pressure expressed his will.