The Fergana City Criminal Court examined a case concerning a woman prosecuted under Article 113(4) of the Criminal Code of Uzbekistan for knowingly placing other persons at risk of HIV transmission.
According to the judgment, the defendant had been diagnosed with HIV in February 2019 and placed under medical supervision at the regional AIDS prevention centre. The court noted that she had repeatedly received explanations about methods of HIV transmission and had signed acknowledgements confirming that she had been warned of potential criminal liability for exposing others to HIV infection.
The prosecution alleged that, despite this knowledge, the defendant engaged in unprotected sexual relations with two men on several occasions between September 2024 and February 2026 without informing them of her HIV status. The indictment stated that these acts placed both individuals at risk of HIV infection.
During the proceedings, the defendant fully admitted the allegations. She explained that she had learned of her HIV-positive status after returning from the Kyrgyzstan and acknowledged that medical personnel had informed her about criminal liability for transmission or exposure. She stated that she had not disclosed her HIV status to either complainant before engaging in sexual relations with them. She expressed remorse and requested leniency.
Both complainants testified that they had not been informed of the defendant’s HIV status before the sexual encounters and stated that they would not have consented had they known. They also testified that subsequent medical examinations had not detected HIV infection in them. Each complainant informed the court that he had no civil claim against the defendant and asked the court to show leniency.
A representative of the regional AIDS centre testified that the defendant had been counselled regarding HIV transmission risks, preventive measures, and the legal consequences of exposing others to HIV. The witness also stated that although the defendant was receiving antiretroviral treatment, such treatment does not entirely eliminate the virus.
The court found that the defendant’s guilt was established by her confession, the testimony of the complainants and witness, and documentary evidence including medical records, counselling forms, epidemiological investigation materials, and written explanations contained in the case file.
The court held that the defendant’s actions were correctly qualified under Article 113(4) of the Criminal Code because, while aware of her HIV-positive status and having been formally warned about criminal liability, she knowingly engaged in conduct that placed other persons at risk of HIV infection.
In determining the sentence, the court considered the defendant’s confession, remorse, gender, prior circumstances, and the complainants’ requests for leniency as mitigating factors. The court found no aggravating circumstances. Applying Article 57 of the Criminal Code, the court imposed a sentence below the statutory minimum.
The defendant was convicted and sentenced to three years’ imprisonment to be served in a general-regime penal colony. The court revoked the previous non-custodial preventive measure and ordered her immediate detention in the courtroom. The judgment also informed the parties of their right to appeal within ten days.
