The Termez City Criminal Court found the defendant guilty of transmitting HIV to their spouse after engaging in unprotected sexual intercourse over several years, despite having been diagnosed with HIV and formally warned about the risk of transmission and potential criminal liability.
The defendant had been registered with the regional AIDS centre since September 2011. According to the court, the defendant was formally warned in October 2011 that knowingly exposing another person to HIV or transmitting the virus could result in criminal prosecution.
The defendant stated that they had disclosed their HIV status to their future spouse before their marriage in 2020. According to the defendant’s testimony, the spouse knew about the diagnosis and voluntarily agreed to the marriage. The couple subsequently had unprotected sexual intercourse during their relationship.
The spouse confirmed in court that they had known about the defendant’s HIV status before the marriage and had voluntarily agreed to marry. The spouse stated that they had no claims against the defendant and asked the court to impose a lenient sentence.
In April 2026, the spouse tested positive for HIV. Medical documentation and testimony from an epidemiologist confirmed the defendant’s HIV diagnosis in 2011, the formal warning issued at that time, and the spouse’s subsequent positive test results. The court also considered the defendant’s admission of guilt, the testimony of the spouse and the medical witness, and other documentary evidence.
The court concluded that the evidence established that the defendant had transmitted HIV to the spouse while knowingly engaging in conduct that exposed the spouse to the risk of infection. The offence was classified under Part 4 of Article 113 of the Criminal Code of Uzbekistan, as cited in the judgment.
In determining the sentence, the court considered several mitigating circumstances: the defendant’s full admission of guilt and remorse, disability, responsibility for supporting a family that included a minor child and elderly parents, and the spouse’s lack of claims and request for leniency. The court found no aggravating circumstances.
Applying Article 57 of the Criminal Code, which allows a more lenient punishment in exceptional circumstances, the court imposed three years and six months of restriction of liberty, rather than imprisonment. The sentence is to be served at the defendant’s place of residence, with restrictions on leaving the residence outside working hours, changing residence without the supervising authority’s approval, and leaving the Surkhandarya Region. Compliance will be monitored by the Termez City probation service.
The court also recorded the spouse’s statement that they had no material or moral damages claims against the defendant, while explaining that a separate civil claim could be brought to seek compensation.
