An individual, aware of his HIV-positive status since 2009 and formally warned of the criminal liability for endangering others, engaged in unprotected sexual relations with a woman between 2018 and 2022 without disclosing his condition. The woman later became pregnant, gave birth to a child, and both were subsequently diagnosed with HIV in 2022 and 2024, respectively.
The Mirabad District Court for Criminal Cases, Tashkent found the defendant guilty of having deliberately endangered the health of the complainant, causing actual harm by transmitting HIV and sentenced him to 5 years of imprisonment to be served in a general regime colony.
The convicted individual appealed with a request for mitigation of the sentence to a non-custodial punishment. The complainant supported the appeal, citing family circumstances, support provided by the convicted person, and his eventual disclosure of his health status.
The appeal court found that the lower court had thoroughly examined the evidence, followed procedural requirements, and correctly applied the law and found no legal grounds for changing or annulling the sentence. Consequently, the appeal was dismissed and the original verdict upheld.
