Case overview:
On December 3, 2024, the Shumanay District Court for Criminal Cases convened in a closed session to examine a case involving a violation under Part 4 of Article 113 of the Criminal Code of the Republic of Uzbekistan. The case pertained to an individual charged with knowingly exposing another person to the risk of HIV infection. The accused had been diagnosed with HIV since 2016 and was registered at the Center for Combating AIDS in Karakalpakstan. Despite being officially warned of the legal repercussions of failing to disclose their health status, the accused concealed their diagnosis and entered into a marital relationship in April 2024. During the marriage, the accused engaged in unprotected sexual relations without informing their spouse of their health condition.
Court’s Findings:
The court determined the accused’s guilt based on their testimony, the victim’s account, documentary evidence from the Center for Combating AIDS, and expert evaluations. The crime was classified under Part 4 of Article 113, which addresses intentional exposure to HIV.
The court identified the following mitigating and aggravating circumstances:
- Mitigating: The defendant’s admission of guilt, remorse, and absence of claims from the victim.
- Aggravating: The deliberate concealment of a serious infectious condition and malice associated with the actions.
Outcome:
The accused was sentenced to two years of imprisonment in a general regime colony, which is less than the minimum penalty prescribed under the law, taking into account the mitigating circumstances. The suspension of the accused’s civil passport was annulled.
