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Published on: October 12, 2018
[On Decriminalization of Offenses Related to Contamination with HIV Infection]
O N Bobrovskaya1, M Y Timofeeva1, P S Kiikova1
1The Federal State Autonomous Educational Institution of Higher Education "The I. M. Sechenov First Moscow State Medical University" of the Minzdrav of Russia (Sechenov University), 119991, Moscow, Russia.
Abstract:
The article considers the problem of sufficiency and adequacy of measures of criminal legal impact targeted to prevent and to suppress acts related to the spread of HIV infection. The purpose of the study is to substantiate the necessity to revise the existing in the Russian Federation views on criminalization of factors that bring to criminal account for corpus delecti related to contamination with HIV infection. According to statistical data, the spread of HIV infection for a long time has rapid character. The risks of contamination with it are present both in peoples private lives and at applying for medical care that in ones time created basis for the inclusion of the Article 122 "HIV infection" in the Criminal Code of the Russian Federation. For the same reasons, the migration legislation of the Russian Federation was supplemented with the articles about mandatory medical examination for HIV infection for migrants and their deportation from the country in case of its detection. However, in the last decade, experts in the field of health care and law from various countries, including Russia, in increasing frequency express doubts about efficiency measures of criminal legal impact in achieving the goals of reducing the number of new cases of HIV infection contamination and suppressing the spread of the disease. Relying on world practice and considering low prevalence of the idea of decriminalization of HIV in our country, the compromise version of solution of the problem is proposed.
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