The defendant was diagnosed with HIV in August 2024 and was officially warned by healthcare authorities in September 2024 about criminal liability if others were infected. However, the defendant allegedly continued unprotected sexual relations with his common-law spouse (whom he had entered into a civil union with in early 2023). In January 2025, the spouse tested positive for HIV and reported that the defendant never disclosed his diagnosis. The victim testified that she wished to continue the relationship and requested a non-custodial sentence.
The court confirmed HIV transmission occurred through sexual contact between the defendant and the victim, and the defendant did not deny having intercourse but claimed fear and shame as reasons for non-disclosure.
The court applied Article 57 of the Criminal Code to reduce the sentence due to mitigating factors: The defendant was a first-time offender, the sole breadwinner, showed genuine remorse and the victim ’s request for leniency.
The sentence was thus below the minimum normally prescribed by law, the arrest measure was canceled; the defendant received a non-custodial sentence with movement restrictions 4 years under Part 4 of Article 113.
