The Tashkent Regional Court reviewed an appeal in the case of a defendant previously convicted of knowingly exposing others to HIV under Part 4 of Article 113 of the Criminal Code of Uzbekistan. The defendant had a prior conviction for a similar offense and was under medical supervision for HIV. Despite warnings and prior sentences, the defendant engaged in unprotected sexual activity, exposing others to HIV.
In the appellate hearing, the defendant sought leniency, citing remorse, partial confession of guilt, and family circumstances, including the care of a young child born during his previous incarceration. The prosecution argued for the original sentence to remain.
After reviewing the case, evidence, and mitigating factors, the appellate court upheld the original prison sentence of 5 years and 2 months but postponed its execution until the defendant’s child reaches the age of three, in accordance with Article 533 of the Criminal Procedure Code, to ensure the child’s care. The defendant was released from custody in the courtroom pending the deferred sentence.
The court confirmed that the sentence was appropriate to the gravity of the crime and the social danger posed, while also considering the child’s welfare.
