Woman knew she had HIV, but had with a number of men
Woman knows that the body is suffering from HIV, but had sex with a number of men … the court ruled that:
Knowing that she suffered from a serious infectious disease, she still carried out prostitution activities, disregarding the physical health of others and social security management order, harming others and themselves, which will eventually be severely punished by the law. Recently, the Tong’an court according to law concluded a case of spreading sexually transmitted diseases, the defendant Zhang committed the crime of spreading sexually transmitted diseases, was sentenced to a fixed term of imprisonment and a fine, the illegal proceeds of which shall be confiscated and surrendered to the state treasury.
What’s going on?
Let’s take a look.
“A woman with HIV still engages in prostitution.
In 2011 Defendant Zhang, as a high-risk group was diagnosed with HIV. She met Gao and established a romantic relationship. Zhang lacked life skills and had no regular source of income. Her boyfriend, Gao, was also unemployed. In order to maintain a common life, Zhang had the idea of generating income through prostitution.
From January to July 2023, Zhang knew that she was suffering from HIV and engaged in prostitution on several occasions, receiving a total of RMB 31,321 in prostitution fees.
The Tong’an Court held that the defendant Zhang knew she was suffering from HIV and still engaged in prostitution, and that her behaviour constituted the crime of spreading sexually transmitted diseases. After comprehensive consideration of the nature of the crime, the circumstances, the degree of harm and repentance, the court made the above judgement according to law.
The judge said:
Convicted for the offence of spreading sexually transmitted diseases and punished severely
AIDS is a preventable and controllable infectious disease, its transmission channels are sexual contact transmission, blood transmission and mother-to-child transmission. According to statistics, in recent years, sexual transmission has become the main means of transmission, and the disease has a long incubation period, hidden strong, high mortality rate, HIV-infected people, have the responsibility and obligation to regulate their own behaviour, to take the necessary protective measures to prevent infection of others. At the same time, society as a whole should be united in its efforts and goals to fight AIDS and to safeguard people’s health and safety. In addition, the state cracks down on related offences and crimes involving the risk of spreading AIDS in accordance with the law, such as prostitution and patronising prostitutes knowing that they are suffering from AIDS or infected with the AIDS virus, and in accordance with Article 360 of the Criminal Law, they are convicted of the crime of spreading sexually transmitted diseases and punished with heavier penalties.
This case accepted in the Tongan court is the first case of spreading sexually transmitted diseases
Prostitution is an offence if you know that you have syphilis, gonorrhoea and other serious STDs and still engages in prostitution. It violates the criminal law and you will be held criminally liable. At the same time, if you have an infectious disease and use sex as a means to harm another person’s health, you may be held criminally liable for the offence of intentional injury criminal liability
The law:
Criminal Law of the People’s Republic of China
Article 360 Whoever engages in prostitution or visits prostitutes knowing that he or she is suffering from a serious sexually transmitted disease such as syphilis or gonorrhoea shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or control, and shall be fined.
Interpretation by the Supreme People’s Court and the Supreme People’s Procuratorate of Several Issues Concerning the Application of Law to the Handling of Criminal Cases of Organising, Forcing, Inducing, Accommodating or Introducing Prostitution
Article 12 Whoever engages in prostitution or patronises prostitutes knowing that he or she is suffering from AIDS or is infected with the AIDS virus shall, in accordance with the provisions of Article 360 of the Criminal Law, be convicted of the offence of spreading sexually transmitted diseases, and shall be punished with a heavier penalty.
Anyone who causes another person to be infected with HIV under any of the following circumstances shall be deemed to have inflicted “serious injury” within the meaning of Article 95(3) of the Criminal Law, which refers to “other serious injury to personal health”, and shall be convicted and punished for the offence of intentional injury in accordance with the provisions of Article 234(2) of the Criminal Law. (a) Knowing that he or she is infected with AIDS, he or she shall be punished by conviction:
(1) Anyone who engages in prostitution knowing that he or she is infected with the AIDS virus;
(ii) Knowing that he or she is infected with the AIDS virus, he or she intentionally fails to take precautions and has sexual relations with another person.
Regulations on the Prevention and Control of AIDS
Article 38 HIV-infected persons and AIDS patients shall fulfil the following obligations:
(a) To accept the epidemiological investigation and guidance of the disease prevention and control institutions or entry-exit inspection and quarantine institutions;
(ii) To promptly inform the person with whom they have sexual relations of the fact of infection or onset of disease;
(C) When seeking medical treatment, truthfully inform the receiving doctor of the facts of infection or disease;
(d) Taking necessary protective measures to prevent infection of others.
HIV-infected persons and AIDS patients shall not intentionally spread AIDS in any way.
Article 62 HIV-infected persons or AIDS patients intentionally spread AIDS, shall bear civil liability; constitutes a crime, shall be investigated for criminal responsibility.
Straits Herald reporter Chen Jie, Law correspondent
女子明知身患艾滋病，却与多名男性发生关系…法院判了
厦门法院判了！
明知自己患有严重传染病，仍进行卖淫活动，不顾他人的身体健康和社会治安管理秩序，害人害己，终将受到法律的严惩。近日，同安法院依法审结一起传播性病罪案件，被告人张某犯传播性病罪，被判处有期徒刑并处罚金，对其违法所得予以没收，上缴国库。
究竟怎么回事
一起来看看
“失足女”身患艾滋病，仍进行卖淫
2011年
被告人张某作为高危人群
经检查确诊患有艾滋病
后与高某认识并建立恋爱关系
张某因缺乏生活技能
没有固定收入来源
男友高某亦无业
为了维持双方共同生活
张某遂萌发通过卖淫创收的想法
2023年1月至7月
张某在明知自己
患有艾滋病的情形下
仍先后在漳州市、厦门市同安区
多次从事卖淫活动
收取嫖资共计人民币31321元
同安法院经审理认为，被告人张某明知自己患有艾滋病仍进行卖淫，其行为已构成传播性病罪。综合考虑被告人张某的犯罪性质、情节、危害程度及认罪悔罪表现，法院依法作出上述判决。
法官说法：
以传播性病罪定罪，从重处罚
艾滋病是一种可防可控的传染病，其传播途径有性接触传播、血液传播及母婴传播。据统计，近年来经性传播已成为其主要的传播途径，且该病潜伏期长、隐蔽性强，病死率高，艾滋病病毒感染者，有责任和义务规范自己的行为，采取必要的防护措施，防止感染他人。同时，全社会也应该凝心聚力，目标一致，共同抗击艾滋病，维护人民群众身体健康和生命安全。此外，国家依法打击涉及艾滋病传播危险的相关违法犯罪行为，如明知自己患有艾滋病或者感染艾滋病病毒而卖淫、嫖娼的，依照刑法第三百六十条的规定，以传播性病罪定罪，从重处罚。
本案是同安法院受理的
首例传播性病罪案件
卖淫、嫖娼本是违法行为
如果明知患有梅毒、淋病等
严重性病仍进行卖淫、嫖娼的
则触犯了刑法
将被追究刑事责任
同时
如因自身患有传染病
而以性生活为手段
伤害他人健康的
或被以故意伤害罪
追究刑事责任
法条链接：
//
《中华人民共和国刑法》
第三百六十条 明知自己患有梅毒、淋病等严重性病卖淫、嫖娼的，处五年以下有期徒刑、拘役或者管制，并处罚金。
《最高人民法院、最高人民检察院关于办理组织、强迫、引诱、容留、介绍卖淫刑事案件适用法律若干问题的解释》
第十二条 明知自己患有艾滋病或者感染艾滋病病毒而卖淫、嫖娼的，依照刑法第三百六十条的规定，以传播性病罪定罪，从重处罚。
具有下列情形之一，致使他人感染艾滋病病毒的，认定为刑法第九十五条第三项“其他对于人身健康有重大伤害”所指的“重伤”，依照刑法第二百三十四条第二款的规定，以故意伤害罪定罪处罚：
（一）明知自己感染艾滋病病毒而卖淫、嫖娼的；
（二）明知自己感染艾滋病病毒，故意不采取防范措施而与他人发生性关系的。
《艾滋病防治条例》
第三十八条 艾滋病病毒感染者和艾滋病病人应当履行下列义务：
（一）接受疾病预防控制机构或者出入境检验检疫机构的流行病学调查和指导；
（二）将感染或者发病的事实及时告知与其有性关系者；
（三）就医时，将感染或者发病的事实如实告知接诊医生；
（四）采取必要的防护措施，防止感染他人。
艾滋病病毒感染者和艾滋病病人不得以任何方式故意传播艾滋病。
第六十二条 艾滋病病毒感染者或者艾滋病病人故意传播艾滋病的，依法承担民事赔偿责任；构成犯罪的，依法追究刑事责任。
海峡导报记者 陈捷 通讯员 同法
