Photo: Yegor Aleev / TASS
The government will consider the issue of exclusion from the Criminal code article for intentional HIV infection. The punishment for such a crime, citizens will carry articles about the deliberate infliction of harm to health
Deputy Prime Minister Olga Golodets has instructed a number of ministries to study the issue of whether to eliminate from the Criminal code article on deliberate HIV infection (article 122). A copy of the order is at the disposal of RBC. Your opinion on this topic until October 1, 2017 must provide the Ministry of justice, Ministry of health, Ministry of internal Affairs, Rospotrebnadzor, the Prosecutor General’s office, Supreme court and the Institute of legislation and comparative law under the government.
The government is considering decriminalizing willful HIV infection, indicated in the order. The responsibility for this act should be qualified under other articles — deliberate causing of easy, average and heavy harm to health (article 111, 112, 115 UK). In addition to HIV under these articles ought to get deliberate infection and other serious infectious diseases.
It is unclear exactly how HIV can be included in three different articles, said in a conversation with RBC, the lawyer of legal Bureau of BMS Law Firm Dmitry Kosenko. “Probably make the dependence on the severity of the consequences, but given that HIV infection may develop, causing health all the more harm will be difficult to act,” expressed doubts about the expert. In addition, the existing article is the sanction for infection because of the “improper performance of their professional duties”. It is, for example, the infection of a patient by a doctor in a medical environment. “It is unclear what will happen with this norm and how it can be included in the article on bodily injury,” — said Kosenko.
In a press-service of the Ministry of justice confirmed to RBC that he had received a copy of the order Golodets. The Ministry indicated that form a common position on the question of when to wait for responses from all interested agencies. The interior Ministry RBC proposed to apply to the Ministry of justice. From other institutions RBC awaiting a response.
The proposal to delete the article about the deliberate HIV infection has advanced on 3 February at a meeting of the government Council on guardianship in the social sphere, the member of the Board lawyer Konstantin Dobrynin. Separate provision specifically for patients with HIV is discrimination against them, he said. “This article appeared in legislation in 1996, since then 21 years have passed, the world has moved forward,” said Dobrynin.
Normally do not take into account the use of contraception and acceptance of therapy by the patient, said Dobrynin, Recalling that when condoms are used and special drugs, the risk of contamination is “negligible”. “We offer to admit an article about HIV as invalid and write a new article to infect all kinds of dangerous infectious diseases, the list of which will be approved by the state,” said Dobrynin. The proposal to create a separate article for all infectious diseases was not reflected in the order Golodets.
Patient community supports the initiative about an exception of article UK about the infection infection. A separate article is really discriminary patients with HIV, said in a conversation with RBC coordinator medical network edition ITPCru Gregory Vergus. “When a man who was diagnosed with HIV rises, it is informed in including a separate article specifically for people with the infection. It does not add optimism”, — he said. The current article is still almost never used, as is evident from the statistical data summarized Vergus.
In the first half of 2016 for HIV was convicted 19 people, follows from the statistics of the Supreme court (more recent data on the website VS not). Of these, seven people were sent to prison, but time did not exceed three years of imprisonment. In 2015 this article appeared before the court 45.
Among other assignments, Golodets made after a meeting of the Council changing the rules of entry of HIV-positive foreigners in Russia, monitoring of the patients medications against the virus, the ability to get therapy in any part of the country, development of standard documentation for the procurement of drugs for the treatment of HIV and development of recommendations for social workers working with HIV-infected children.