There are numerous criminal laws specific to HIV under the Criminal Code of Mongolia 2002. Section 105.3 of the Criminal Code of Mongolia 2002 makes it an offence for a person who knows they have HIV to transmit HIV through sexual intercourse or other actions, with a penalty of up to 5 years’ imprisonment. Wording of the law suggests it could only be used in cases where HIV transmission has occurred. Issues of disclosure of HIV status and consent to an act that may result in transmission are not addressed. Section 105 also covers medical professionals who cause HIV transmission through negligence, who can be imprisoned for up to 4 years.
The Criminal Code also includes sections relating to venereal disease (Section 103), including penalties for ‘evasion of treatment’. The Code penalises transmission of a venereal disease through sexual intercourse, which carries a penalty of a fine, forced labour or incarceration. In the event that the ‘same crime’ is committed ‘repeatedly’, or the disease is transmitted to more than one person and/or it is transmitted to an underaged person, the penalty is enhanced.
The HIV Justice Network is not aware of any HIV criminalisation cases in Mongolia to date.
Criminal Code of Mongolia 2002
Art 105 – Infecting with AIDS
105.1. Infecting of another person with AIDS through sale of blood, blood product, organ or tissue that has not undergone a test for HIV by an employee of a manufacturing, trading or drug procurement entity shall be punishable by a fine equal to 51 to 100 amounts of minimum salary amount, deprivation of the right to hold specified positions or engage in specified business for up to 3 years, or by imprisonment for a period of up to 3 years.
105.2 Infecting with AIDS or HIV by negligence committed by a medical professional shall be punishable by imprisonment for a period of up to 4 years.
105.3. Infecting of another person with AIDS through a sexual intercourse or other actions by a person who has known that he/she had this disease shall be punishable by imprisonment for a term of up to 5 years.
Criminal Code of Mongolia 2002
Art 103 – Evasion of treatment of a venereal disease and infecting with a venereal disease
103.1 Evasion of treatment of a venereal disease despite a warning by a medical institution shall be punishable 100 to 250 hours of forced labor or by incarceration for a period of 1 to 3 months.
103.2 Infecting of another person with a venereal disease through a sexual intercourse or other actions by a person who has known that he/she had this disease shall be punishable by a fine equal to 51 to 70 amounts of minimum salary amount, 251 to 400 hours of forced labor or by incarceration for a period of more than 3 to 6 months.
103.3 The same crime committed repeatedly, as well as infecting of two or more persons, or a person under the legal age shall be punishable by a fine equal to 71 to 250 amounts of minimum salary amount, or imprisonment for a term of up to 2 years.
Health Law of Mongolia 2004
Art 9 – Right and Duties of Citizen
9.2 A citizen of Mongolia shall have the following duties:
9.2.1 -to participate in activities to prevent and combat the HIV infection and acquired immune deficiency syndrome (AIDs), as carried out by the state, local self-administrative, health and other relevant organisation
9.2.2 shall not discriminate legal rights and interests of people determined to be infected with the HIV infection and (AIDs)
Art 11 – Duties of a Person infected by HIV and AIDs
11.1 A persons infected with HIV or AIDs shall have the following duties
11.1.1 Provide a health organisation with true and accurate information on the means and cause of infection;
11.1.2 to undergo tests and examinations with the terms required by an appropriate health organisation
11.1.3 to inform a health organisation about known IV and AIDS when receiving health care services
11.1.4 to refuse donation of blood, tissues or organs
11.1.5 to prevent the spread of the infection, to decline any activity that may cause the spread of the disease, and to take appropriate measures for self-protection and the protection of others against the disease
11.1.6 to follow strictly advice and instruction provided by respective health organisations, medical doctors and health workers
11.1.7 if a person is determined to have the HIV and Aids he or shall immediately inform his wife or her husband, or a partner on the disease.
For the breach of Art 11 – a citizen shall be fined $20,000 – $50,000 MNT
Our thanks to Australian law firm Hall & Wilcox for their research assistance to confirm current relevant legislation.