In a decision issued on 3 June 2026, the appellate chamber of the Fergana Regional Court upheld the conviction and prison sentence of a man prosecuted for exposing his spouse to HIV without disclosure.
The defendant, a married man born in 1985 with three children and no prior convictions, had been diagnosed with HIV in December 2017 and placed under dispensary supervision by the regional AIDS centre. He had signed a formal warning acknowledging criminal liability for exposing another person to HIV. According to the court, he entered into a religious marriage with the complainant in October 2025 without informing her of his HIV status and continued to have unprotected sexual relations with her until January 2026, thereby exposing her to the risk of HIV transmission. The complainant ultimately did not acquire HIV.
On 4 May 2026, the Quva District Court convicted him under Article 113(4) of the Criminal Code and, applying Article 57, sentenced him to three years’ imprisonment, below the statutory minimum. The defendant appealed, requesting a non-custodial sentence on the basis of his family situation, the fact that he was the sole breadwinner, and the complainant’s lack of complaint. The complainant also appealed, asking the court to impose a sentence not involving imprisonment, noting that she had not contracted HIV and no longer had claims against him.
The appellate court rejected both appeals and upheld the prison sentence. While acknowledging the mitigating factors, including the complainant’s request for leniency and the defendant’s family circumstances, the court held that the seriousness and social danger of the offence justified imprisonment and that rehabilitation without isolation from society was not possible. The court found that the conviction was supported by the defendant’s confession, witness testimony, and documents from the AIDS centre, including records showing he had been formally warned about criminal liability after his diagnosis.
