Crimes Against Health and Life: Article 122 of the Criminal Code of the Russian Federation

122 Article of the Criminal Code provides for several elements of the crime. This provision is included in the section of acts that infringe on human health. Let's consider it in more detail.

General composition

Article 122 of the Criminal Code defines punishment for persons who knowingly put others at risk of contracting HIV. For this act, the legislation establishes the following sanctions:

1. Up to 3 years of restraint of freedom.
2. Arrest till six months.
3. Up to one year of forced labor.
4. Up to 1 year in prison.

Qualifying signs

Article 122 of the Criminal Code of the Russian Federation: HIV infectionthe subject who knew about its presence, considers as the first aggravating circumstance. In this case, the punishment is one - imprisonment up to five years. This act may be committed against several persons or a minor (art. 122, part 3 of the Criminal Code of the Russian Federation). For this crime is set up to 8 years in prison. At the same time, the perpetrator may be banned from staying in certain positions or carrying out specific activities within 10 years. Another qualifying feature, article 122 of the Criminal Code calls the commission of an act due to negligent performance of professional duties by the subject. In this case, the perpetrator is imputed:

1. Up to 5 years in prison.
2. Forced labor for the same period.

In addition to any of these penalties, Article 122 of the Criminal Code gives the court the opportunity to impose a ban on the performance of certain activities or stay in certain positions for up to 3 years.

Important point

Subjects whose actions are qualified under Part 1 and Part. 2, can be released from responsibility. This is allowed in the event that the person who acquired the disease was promptly warned about the presence of the guilty person. At the same time, the victim himself agreed to carry out actions that resulted in infection.

Danger of action

A crime that deals with Article 122 of the Criminal CodeThe Russian Federation, undoubtedly, creates a threat to society. This is due to the fact that the disease, which is acquired by the victim, is currently considered incurable and leads to death. Thus, the criminalization of this act is fully justified.

Article 122 of the Criminal Code: commentary

From the objective side of the act in questionthe deliberate placing of the victim in danger of receiving an incurable disease forms real conditions under which there is a threat of acquiring a disease. The composition of a crime of this nature is referred to in the criminal law as "truncated". It is considered to be actually completed already at the stage of preparation. In this case, we can talk about sexual contact without barrier means of protection, the use of non-sterile medical equipment, syringes with the introduction of drugs and so on.

The subjective part

According to the general composition, which sets 122article of the Criminal Code of the Russian Federation, this side is characterized exclusively by direct intent. Normally, there is an indication of ignorance. That is, the culprit realizes the threat of transmission to the injured person. With qualification, goals and motives do not matter. They are taken into account when determining the punishment for the perpetrator. The subject of the crime, which considers Article 122 of the Criminal Code of the Russian Federation, is an individual who is sane and has reached the age of 16. In the qualification of an act, not only a person who knows about the presence of a disease suffering from it, but also any other person who is aware of this fact is taken into account, but he nevertheless deliberately commits dangerous actions. It can be an injection of a syringe of a patient to other people, the organization of promiscuous sexual contacts and so on.

Qualified staff

Considered in part 2 of the article the crime is considered to be completed from the moment of acquisition of the disease to the injured party and when establishing a causal relationship between the consequences and behavior of the perpetrator. The composition of the crime in this case is considered material. In this case, the subjective part is characterized by a careless and deliberate form of guilt. Together with this, the qualification excludes the commission of an act of negligence. As a rule, the perpetrator behaves indifferently or lightly about the consequences. In this case, the perpetrator has special characteristics. He, as well as for general qualification, must be imputed and reach 16 years. Together with this he must know that he has HIV.

The act of negligence

This feature is provided for in part 4. In the norm it is established that a subject who improperly performed his professional duties is subject to punishment. As a consequence, the victim acquired a life-threatening disease. This is mainly about health workers, staff of blood transfusion stations. Among them there are people who act lightly. In particular, this is manifested in poor-quality sterilization of the medical tool, repeated use of a disposable syringe and so on.

Note

In it, the foundation is fixed, in accordance withto which the perpetrator can be released from responsibility. This addition is essential in the qualification of the act and the proceedings of the situation. As stated in the note, the perpetrator can warn the victim in advance of the danger. If, in this case, the latter also agrees to further actions, the carrier of the pathology from liability is released. At the same time, it is necessary to accurately determine that the victim freely and without pressure expressed his will.