In December 2012, the defendant in this case was diagnosed with HIV and was officially registered and monitored by the regional health authority. He received a written warning in accordance with national regulations regarding the criminal liability associated with knowingly transmitting HIV. However, between 2020 and 2022, the man allegedly engaged in unprotected sexual relations with his partner without disclosing his HIV status, despite prior warning and diagnosis. In 2023, his partner was diagnosed with HIV and later identified the defendant as the likely source of infection.
The defendant admitted guilt, acknowledged his diagnosis and failure to disclose it, and expressed remorse. His partner confirmed the relationship, her diagnosis, and stated she was unaware of the defendant’s medical status during their relationship. She expressed forgiveness and requested leniency.
The court found the defendant guilty under Part 4 of Article 113 of the Criminal Code, and taking into account his confession and remorse and the victim’s request for leniency, the court applied Article 57 to reduce the penalty from imprisonment to 4 years of non-custodial supervision with court-imposed conditions on movement and activities. Both parties were advised of their right to appeal the decision within ten days.
