Overview
A new Criminal Code came into force in July 2017 which replaced the previous provisions on HIV transmission. The new law continues to criminalise intentional HIV transmission, while non-intentional transmission, perceived ‘exposure’ and non-disclosure are not expressly criminalised.
Article 15.6 criminalises the spread of diseases including HIV which “may endanger the lives of others”. Under Article 15.6.2, intentional transmission of an “infectious disease or immunodeficiency virus” is criminalised and carries a penalty of imprisonment or restriction of the right to travel for one to five years. Where this offence is committed against two or more people or a child, the sentence imposed is two to eight years’ imprisonment.
Article 15.6.1 imposes penalties including a fine, travel restrictions or imprisonment for six months to three years on anyone who is living with an infectious disease that “may endanger the life or health of others” and who violates any instructions and requirements set on them by the competent authorities.
The law also allows for increased penalties for other offences where the victim contracts a sexually transmitted disease.
Under Article 12.1, the offence of rape carries an enhanced sentence in cases where the victim is infected with a sexually transmitted disease. In this circumstance the penalty is raised from imprisonment for one to five years to five to twelve years. Where the victim dies as a result of the offence, the penalty is increased further to twelve years to life imprisonment.
Furthermore, under Article 12.5 which criminalises sexual intercourse with a person under sixteen years of age, where the victim is infected with a sexually transmitted disease the penalty is increased from six months to one year’s imprisonment or restriction on travel, to six months to three years.
With the exception of Article 15.6.2, the provisions listed above do not explicitly mention HIV in the text so their effect on those living with HIV is not clear.
In addition to the Criminal Code, the Health Law of Mongolia 2004 imposes a number of duties on people living with HIV under Article 11, including to report their status, undergo tests, decline to give a blood donation or donate organs or tissues (see our report, Bad Blood, for a global analysis of the criminalisation of blood donations), refrain from any activity that could spread HIV, and inform partners of their HIV status. A breach of these provisions carries a penalty of a fine.
We are not aware of any HIV criminalisation cases in Mongolia to date.
Laws
Criminal Code of Mongolia 2015
CHAPTER FIFTEEN
CRIMES AGAINST HEALTH
Article 15.6. Infectious diseases and immunodeficiency virus infection that may endanger the lives of others
/ The title of this article was amended by the law in 5 May 2017 /1. In the case of an infectious disease that may endanger the life or health of others, two thousand seven shall be imposed for intentionally violating the quarantine, restriction regime, other relevant procedures, instructions and requirements set by the competent authorities and officials; shall be punishable by a fine equal to 100 to 14,000 togrogs or restriction of the right to travel for a period of 6 months to 3 years, or imprisonment for a period of 6 months to 3 years.
/ This section was added by the law in 4/29/2020 /
2. Intentional transmission of an infectious disease or immunodeficiency virus that may endanger the life of others shall be punishable by restriction of the right to travel for a period of 1 to 5 years or imprisonment for a term of 1 to 5 years.
/ This part was amended according to the law dated May 11, 2017 /
/ This part was amended according to the law dated April 29, 2020 /
3. This crime:
/ This part was amended according to the law dated April 29, 2020 /
3.1. Against two or more persons;
/ This part was amended according to the law dated April 29, 2020 /
3.2. Committing against a child shall be punishable by imprisonment for a term of 2 to 8 years.
/ This part was amended according to the law dated April 29, 2020 /
CRIMES AGAINST SEXUAL FREEDOM AND INVIOLABILITY
Article 12.1. Rape
1. Violence against the will of the victim, threatening to use force, or possession due to mental illness, intoxication, intoxication, temporary disruption of mental activity, inability to defend or resist due to other diseases, or possession of property, position or other circumstances shall be punishable by imprisonment for a term of 1 to 5 years.
2. This crime:
Raping a person under the age of fourteen or eighteen;
/ This part was amended according to the law dated May 11, 2017 /
Grouping;
Rape a person with family ties;
To make the victim pregnant;
Infecting a victim with a sexually transmitted disease;
Rape two or more persons;
Explanation: The victim of a rape can be a person of any gender whose sexual integrity has been violated.
– This crime against a minor is not required to be committed in the manner specified in paragraph 1 of this article.
– “Sexual violence” means inserting a penis into a part of the victim’s body; the insertion of other organs or other objects into the victim’s genitals.
Article 12.5. Having sexual intercourse with a person under the age of sixteen
1. A person who has reached the age of eighteen could have known that the victim was under the age of fourteen or sixteen, or knowingly had sexual intercourse, a fine of four hundred and fifty to five thousand four hundred units or travel for a period of six months to one year. shall be punishable by restriction of rights or imprisonment for a term of six months to one year.
/ This part was amended according to the law dated May 11, 2017 /
2. Due to this crime:
The victim has become pregnant;
2.2. Infection with a sexually transmitted disease shall be punishable by restriction of the right to travel for a period of 6 months to 3 years or by imprisonment for a term of 6 months to 3 years.
/ This part was amended according to the law dated May 11, 2017 /
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
Acknowledgements
Our thanks to UNAIDS Asia Pacific Regional Office for their research assistance to confirm current relevant legislation.
HIV Justice Network's Positive Destinations
Visit the Mongolia page on Positive Destinations for information on regulations that restrict entry, stay, and residency based on HIV-positive status, as well as access to HIV treatment for non-nationals.
