HIV on display. How doctors violate the secrecy of diagnosis and what this means for those living with “plus”

Antipyretics for children are prescribed by a pediatrician. But there are emergency situations with fever when the child needs to be given medicine immediately. Then the parents take responsibility and use antipyretic drugs. What is allowed to be given to infants? How can you lower the temperature in older children? What medications are the safest?

Hello dear lawyers! My ex-girlfriend sued me for disseminating information about my personal life... I told everyone that she has HIV... I am not infected... she is asking for 150,000 for moral damages... tell me how much they can really award me and is there a possibility reduce the amount? and can I hold her accountable in any way? thanks...

Answer

According to Part 1 of Art. 137 of the Criminal Code of the Russian Federation, illegal collection or dissemination of information about the private life of a person, constituting his personal or family secret, without his consent is punishable by a fine of up to 200 thousand rubles. The main factor in the classification of this criminal act is the personal or selfish interest of the guilty person and the harm caused by this distribution to the rights and legitimate interests of the victim. The absence of personal and selfish interest at the time of violation of privacy excludes this act from the category of those falling under Art. 137 of the Criminal Code of the Russian Federation.

As for bringing your ex-girlfriend to justice, in accordance with Part 1 of Article 122 of the Criminal Code of the Russian Federation, she may be held criminally liable for knowingly putting another person at risk of contracting HIV infection. But only if you were not promptly warned about the presence of this disease.

HIV is a very scary diagnosis and a threat to our society. Hundreds and even thousands of people die from AIDS every year. That is why Article 122 of the Criminal Code of the Russian Federation provides for sanctions for those individuals who knew about their illness and deliberately exposed other citizens to the risk of infection. Also, workers of medical institutions can be held accountable for this crime if they, in the course of their professional activities, allowed healthy people to become infected with HIV.

Basics

Every person knows that HIV cannot be cured and leads to the death of a person, because the immune system is weakened so much that it becomes unable to fight even a common cold on its own. That is why the object of this crime is considered not only human health, but also human life.

It is legally determined that liability for a perpetrator who knows about his illness occurs when he infects another person with the virus or puts the latter at risk of contracting HIV. This is indicated by Article 122 of the Criminal Code of the Russian Federation. If an infected person has sexual contact with a healthy person, he thereby exposes him to great danger. But this will be considered a crime only if the latter did not know about his partner’s illness, and the perpetrator, for personal reasons, hid his diagnosis.

Existing problems

Unfortunately, in practice it is very difficult to prove the elements of the crime and bring the infected person to justice. Indeed, in most cases, many people who are HIV-infected do not know about their diagnosis and find out about it during a random examination. In addition, people who are promiscuous and use drugs never ask themselves which of their partners and acquaintances could have infected them with this disease. Thus, infection of healthy people continues with impunity.

Compound

A crime is formed only if the perpetrator knew in advance about his illness and did not warn another person about it. It doesn’t matter here whether a healthy person is infected or not. The crime is considered completed when another person is exposed to the risk of infection. This is indicated by Article 122 of the Criminal Code of the Russian Federation. The corpus delicti in this case will be as follows:

subject (only a sane citizen whose age is at least 16 years);
the object is human health, which is being violated by an attacker;
the subjective side of the act is expressed in direct intent, when an HIV carrier wants to infect another person with this virus or hopes that this will not happen, but still commits criminal acts out of his own frivolity or treats this with indifference;
the objective side is manifested in putting a healthy person at risk of contracting HIV or contracting a virus (sexually, through an injection syringe).

If this disease was transmitted to a person through blood during surgery or treatment in a medical institution, then employees of this organization should be held accountable for this. Punishment for officials who infected healthy people with HIV is provided for in Article 122 of the Criminal Code of the Russian Federation.

Endangerment

If a person was aware that he had HIV, but, despite this, had sexual contact with a healthy partner who did not know about the diagnosis, this means that the infected citizen committed an atrocity, sanctions for which are provided for in Article 122 of the Criminal Code of the Russian Federation.

This criminal act is always carried out by the perpetrator consciously. After all, the attacker knows in advance that he can infect another person with HIV, but still commits his illegal actions. For example, he shares an injection needle with him or has sexual intercourse without protection.

Article 122 Part 1 of the Criminal Code of the Russian Federation contains sanctions for HIV-infected people who knew about their diagnosis, but did not inform healthy persons about it, with whom they had close relationships or shared means for the use of drugs and thereby put the latter at risk virus infection.

What does the law say?

Punishment for endangering infection or transmission of HIV infection is contained in Article 122 of the Criminal Code of the Russian Federation. It is impossible not to agree with her comments. Indeed, in this case, not only the health, but also the lives of healthy people who are not HIV carriers are endangered. Part 1 of this article talks about knowingly being infected with HIV.

The subject of the crime under the second part of Art. 122 of the Criminal Code will only be a person who is a carrier of the virus. In other words, an HIV-infected person who knows his diagnosis and has had sexual intercourse with a healthy person and infects him will be responsible for his actions according to the law, but only if the partner did not suspect the culprit’s illness.

Serious punishment awaits the attacker if he infected several people or a minor with the virus. For this, the perpetrator can face a sentence of eight years in prison.

It should also be noted that an official through whose fault a healthy person was infected with HIV will be held accountable for his criminal actions under the law.

Analysis of Article 122 of the Criminal Code of the Russian Federation according to its composition

This act is considered completed at the moment when the perpetrator, through his criminal actions, endangered a healthy person or infected him with HIV. In other words, we can say that this article has several qualifying elements of crime.

In the first case, the subject may be a person who does not suffer from this diagnosis, but who through his actions encourages a healthy person to become infected with the virus. For example, in cases where a dealer offers a drug addict to inject with the same syringe that has already been used by an infected citizen. In this case, the perpetrator is fully aware of the illegality of his actions. This act is always committed intentionally.

The second, third and fourth parts of Article 122 of the Criminal Code contain punishment for transmitting the virus to a healthy person. The crime here will be completed the moment the victim becomes infected with HIV.

If several people or a minor are infected with the virus, then the crime will have a special qualifying element.

The fourth part of this article contains punishment only for those persons who, in the course of performing their direct professional duties, allowed a healthy person to become infected with HIV. The act in this case is considered careless.

Sanctions

If the guilty person through his actions endangered a healthy person to become infected with HIV, he faces punishment in the form of:

restrictions of freedom for a period of up to three years;
imprisonment for up to a year;
arrest up to 6 months;
carrying out forced labor (only up to one year).

These sanctions are provided for in Article 122 of the Criminal Code of the Russian Federation. Infecting a citizen with HIV infection is prosecuted by law and considered a crime. Punishment for the crime can reach up to five years in places of isolation from society.

If, through the fault of an infected person who knew about his diagnosis, several people or a teenager were injured, then he faces up to 8 years in prison. The court also has the right to impose additional sanctions on the attacker.

If the culprit was an employee of a medical organization and allowed a person to become infected with the virus due to poor performance of the duties assigned to him, then he will be subject to punishment consisting of:

carrying out forced labor (up to 5 years), additional sanctions may also be provided in the form of a ban on engaging in certain activities;
isolation from society for a period of up to five years.

Hello Andrei.

The legal regulation of medical confidentiality in Russia is contained in a number of regulatory documents. First of all, in Art. 23 of the Constitution of the Russian Federation, which states that everyone has the right to privacy, personal and family secrets. Violation of this right is permitted only on the basis of a court decision.

According to Federal Law-323 “On the fundamentals of protecting the health of citizens in the Russian Federation” Art. 13:

2. Disclosure of information constituting medical confidentiality, including after the death of a person, by persons to whom they became known during training, performance of labor, official, official and other duties is not permitted, except for the cases established by “parts 3” and “4” of this article. Article 13.14. The Code of Administrative Offenses provides for liability for the disclosure of information, access to which is limited by federal law (except for cases where the disclosure of such information entails criminal liability), by a person who has gained access to such information in connection with the performance of official or professional duties (medical confidentiality). The subjects of responsibility for the disclosure of restricted information are citizens and officials.

Also, there are restrictions according to the Chapter. 19 of the Criminal Code - “Crimes against the constitutional rights and freedoms of man and citizen”

Article 137 - “Violation of privacy”, according to which liability for violation of medical confidentiality is qualified:

The same acts committed by a person using his official position are punishable by a fine in the amount of 500 to 800 minimum wages or in the amount of wages or other income of the convicted person for a period of 5 to 8 months, or by deprivation of the right to hold certain positions or engage in certain activities for a period from 2 to 5 years, or arrest for a period of 4 to 6 months.

Article 150 of the Civil Code of the Russian Federation states:

Life and health, personal dignity, privacy, personal and family secrets, other personal non-property rights and other intangible benefits belonging to a citizen from birth or by force of law are inalienable and non-transferable in any other way.

Thus, health workers bear administrative, criminal and civil liability for disclosing information about the patient’s disease to third parties.

Almost every modern person has heard about AIDS. And although not everyone understands the nature of this disease, they certainly understand its seriousness. In addition, liability for HIV infection is provided for by acts of criminal law. That is why, from a young age, a child should be instilled with the need to observe hygiene standards - not to use other people’s things, regularly wash their hands, not to start early sexual activity, etc. It should also be remembered that the deliberate spread of HIV is a crime that entails serious punishment.

The immunodeficiency virus is a disease that occurs rather slowly and at first asymptomatically in the human body. That is why sometimes the patient does not even suspect that he is HIV-infected and infects the people with whom he comes into contact. Nevertheless, the disease, although slowly, still destroys the body from the inside, completely inactivating the immune system. A person, being deprived of his natural defenses, is unable to resist any type of infection.

Most often, infection with sexually transmitted diseases and HIV infection occurs during sexual contact. Also, at the present stage, cases of transmission of pathology in domestic conditions have become more frequent. The spread of the disease through saliva is often observed.

A mother infected with a retrovirus is highly likely to pass the disease on to her child through breast milk. In addition, it is strictly prohibited to use a shared syringe or other instruments for medical procedures. You also need to know that deliberate HIV infection is not uncommon. According to regulations, criminal liability is imposed for the spread and transmission of HIV infection (AIDS).

HIV infection: Criminal Code of the Russian Federation - types of punishment

Responsibility for HIV infection is prescribed in the Criminal Code (CC). Infecting another person with HIV, whether done intentionally or through negligence, is punishable by law. Article 122 defines the responsibility of an HIV-infected citizen. Moreover, the level of guilt and the nature of preventive measures depend on many factors of this crime. Thus, citizens who endanger the life and health of other people are subject to liability. Moreover, they themselves may not even suspect that they are committing a crime.

When there is a deliberate infection of another person with HIV infection, then in such a situation a more severe sanction is applied. According to the Criminal Code, HIV infection of several people at once, or a person under 18 years of age, is considered to be aggravating factors for the offender. If, as a result of negligence in the service of doctors or other specialists, HIV infection, Criminal Code of the Russian Federation provides for increased penalties .

Immunodeficiency poses a great danger to the body of the infected person. But there are no less risks for the people around the patient. Some infected people are well aware of the danger and try to minimize communication with anyone. While other infected people absolve themselves of all HIV responsibility. On the contrary, they are focused on spreading the disease among other people and contracting HIV infection. The types of this crime provide for fairly severe penalties for such violations of human rights.

According to the Criminal Code of the Russian Federation, HIV and its intentional transmission are considered an offense against the life and health of another person. Criminal liability for HIV presupposes the presence of corpus delicti in the actions of the accused. In other words, he must know about his disease and knowingly endanger others. There are many ways of deliberate infection. Thus, infection with HIV infection, the crime of which is most often expressed in the commission of sexual intercourse without protective measures, is carried out intentionally. In addition, infection occurs through blood, saliva, or directly from mother to baby through milk, as well as during pregnancy and childbirth.

HIV infection, as a crime, is committed from the moment the accused puts the victim’s health at risk. Moreover, liability for contracting HIV infection can occur even in a situation where the victim knows about the risk and deliberately exposes himself to it. This refers to marriage with a person suffering from AIDS.

The subjective position is most often expressed in negligence. But direct intent cannot be ruled out. Thus, it would be negligence for a person to have sexual intercourse who did not even suspect the presence of a retrovirus in his body. The following actions also fall under this definition: if the infected person knew about such an illness, but did not inform others about it, and at the same time committed actions that posed a threat to the health of those in contact with him. The most severe punishment is applied for the deliberate spread of HIV (AIDS) under Art. 122 article of the Criminal Code of the Russian Federation. As a rule, such patients are driven by revenge, and they set themselves the goal of infecting as many others as possible.

Who is subject to punishment for contracting HIV infection?

Persons who were at least 16 years old at the time of the crime are subject to punishment for the intentional transmission of AIDS. In addition, special subjects of the offense are also distinguished. These include doctors and other medical workers, laboratory workers, who, by virtue of their profession, have much greater capabilities than other people. Accordingly, negligence in one’s professional duties may lead to infection of the victim.

Many people are interested in the question: what actions constitute a crime? It is quite obvious that the elements of this crime are formed by the actions of an infected person who intentionally or through negligence endangered the health of the victim. In addition, in some cases, concealing the source of HIV infection is also considered an offense. As mentioned above, infection of several persons or a child is considered an aggravating factor.

HIV infection: criminal liability

For the spread of immunodeficiency, criminal liability directly depends on the nature of the act committed. So, if a citizen puts another person in danger, he faces arrest for six months, imprisonment for up to a year, or forced labor. In cases where the accused knew about the presence of infection, the term of imprisonment is increased to 5 years. If several persons or a minor are infected, the offender faces a sentence of 8 years in prison.

According to Article 122 of the Criminal Code, if HIV infection arose due to the negligent performance of duties by medical personnel, then in addition to arrest or imprisonment for a period established by law, the accused is also suspended from performing his duties for a certain period.

However, there are situations when HIV infection (Article 122 of the Criminal Code of the Russian Federation) does not imply subsequent criminal liability. That is, if the victim knew in advance about the existing risk, in particular about the possibility of transmitting immunodeficiency. In such a case, a person, even if he was infected as a result of contact with a carrier of a retrovirus, does not receive the status of a victim.

Arbitrage practice

Today, quite a lot of practice has already been accumulated in court proceedings regarding criminal prosecution for HIV infection. It is important to mention that cases of deliberate infection of a large number of people are being recorded en masse. Thus, carriers of the virus sometimes deliberately applied their blood to door handles or railings so that as many people as possible would come into contact with it.

Moreover, at this stage, quite successful people are brought to justice under Article 122 of the Criminal Code of the Russian Federation for intentional infection with HIV infection (AIDS). Outwardly, they look completely healthy and occupy a good social position. While society has formed a strong opinion that those infected are mainly people at the lowest levels of the social ladder. Now the situation has changed, and today you should not get too close to a stranger, despite his status in society.