Crimes Against Health and Life: Article 122 of the Criminal Code of the Russian Federation

122 Article of the Criminal Code provides for several elements of the crime. This provision is included in the section of acts that infringe on human health. Let's consider it in more detail.

General composition

Article 122 of the Criminal Code defines punishment for persons who knowingly put others at risk of contracting HIV. For this act, the legislation establishes the following sanctions:

1. Up to 3 years of restriction of freedom.
2. Arrest to six months.
3. Up to one year of forced labor.
4. Up to 1 year in prison.

Qualifying signs

Article 122 of the Criminal Code of the Russian Federation regards HIV infection as a first aggravating circumstance by a subject who knew about its presence . In this case, the punishment is one - imprisonment up to five years. This act may be committed against several persons or a minor (art. 122, part 3 of the Criminal Code of the Russian Federation). For this crime, up to 8 years of prison is established. At the same time, the perpetrator may be banned from staying in certain positions or carrying out specific activities within 10 years. Another qualifying feature, Article 122 of the Criminal Code calls the commission of an act due to negligent performance of professional duties by the subject. In this case, the guilty person is charged with:

1. Up to 5 years in prison.
2. Forced labor for the same period.

In addition to any of these sentences, Article 122 of the Criminal Code of the Russian Federation gives the court the opportunity to impose a ban on the performance of certain activities or stay in certain positions for up to 3 years.

An Important Moment

Subjects whose acts are qualified under Part 1 and Part 2 may be exempted from liability. This is allowed in the event that the person who acquired the disease was promptly warned of the presence of such a person in the guilty party. At the same time, the victim himself agreed to carry out actions that led to infection.

Danger of action

The crime that deals with 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 is acquired by the victim, is currently considered incurable and leads to death. Thus, the criminalization of this act is fully justified.

Article 122 of the Criminal Code: commentary

From the objective side of the act in question, the deliberate placing of the victim in danger of receiving an incurable disease forms real conditions under which there is a threat of acquiring a disease. The composition of a crime of this nature is referred to in the criminal law as "truncated". It is considered to be actually completed already at the stage of preparation. In this case, we can talk about sexual contact without barrier means of protection, the use of non-sterile medical equipment, syringes with the introduction of drugs and so on.

The subjective part

According to the general composition, which establishes 122 articles of the Criminal Code of the Russian Federation, this side is characterized exclusively by direct intent. Normally, there is an indication of knowl- edge. That is, the culprit is aware of the threat of transmission to the injured person. In the course of qualifying goals and motives do not matter. They are taken into account when determining the punishment for the perpetrator. The subject of the crime, which considers Article 122 of the Criminal Code of the Russian Federation, is an individual who is sane and has reached the age of 16. In the qualification of an act, not only a person who knows about the presence of a disease suffering from him, but also any other person who is aware of this fact is taken into account, but he nevertheless deliberately commits dangerous actions. This can be an injection of a syringe patient to other people, the organization of promiscuous sexual contacts and so on.

Qualified staff

The crime considered in part 2 of the article is considered completed after the acquisition of the disease by the victim and in establishing the causal relationship between the consequences and behavior of the perpetrator. The composition of the crime in this case is considered material. In this case, the subjective part is characterized by an imprudent and deliberate form of guilt. Together with this, the qualification excludes the commission of negligent acts. As a rule, the subject of the crime behaves indifferently or lightly about the consequences. In this case, the perpetrator has special characteristics. He, as well as for general qualification, must be imputed and reach 16 years. Together with this he must know that he has HIV.

Acts of negligence

This feature is provided for in Part 4. Normally it is established that the subject is subject to punishment, having improperly fulfilled his professional duties. As a consequence , the victim acquired a life-threatening disease. This is mainly about health workers, staff of blood transfusion stations. Among them there are people who act lightly. In particular, this is manifested in poor-quality sterilization of the medical tool, repeated use of a disposable syringe and so on.

Note

It establishes the basis under which the perpetrator can be released from responsibility. This addition is essential in the qualification of the act and the proceedings of the situation. As said in the note, the perpetrator can warn the victim in advance of the danger. If, in this case, the latter also agrees to further actions, the carrier-carrier of liability is freed. At the same time, it is necessary to accurately determine that the victim freely and without pressure expressed his will.