The defendant, a divorced woman residing in the Jamboy district with one minor child, was diagnosed with HIV in 2013 and registered with the regional health authorities. She received an official warning in 2018 that transmitting HIV to others without disclosure could result in criminal liability.
In November 2022, the defendant entered into a legal marriage and lived with her spouse for several months. During this time, she engaged in unprotected sexual intercourse without informing her partner of her HIV-positive status. In January 2025, her spouse tested positive for HIV and subsequently filed a complaint.
The defendant partially admitted guilt and expressed remorse, which the court acknowledged as mitigating factors under Article 55 of the Criminal Code. The victim’s testimony and medical documentation confirmed the transmission of HIV. There were no aggravating circumstances identified.
The court found the defendant guilty under Article 113, Part 4 (intentional transmission of HIV) and sentenced her to five years’ imprisonment in a general-regime correctional facility. Time served was calculated from the date of arrest (March 3, 2025).
As the defendant’s minor child was left without parental care, the court ordered that the child be placed under the guardianship of the district administration pursuant to Article 476 of the Criminal Procedure Code.
The victim was informed of their right to pursue civil proceedings for material and moral damages.
