The Increase Of The Crime Of Spreading AIDS

Transmitting AIDS refers to a deliberate act by the perpetrator which may infect others with HIV.The transmission channel of behavior is diversiform,including sexual contact transmission,blood transmission and mother-to-child transmission.The mode of it is concealed.It is often hidden in the behavior of daily life,irregular medical behavior or criminal behavior.The hazard of it is particularly.Not only the health of the victims,but also the life security of the victims.To convict and sentence this behavior,There are limits to the academic claims.This paper argues that,should add "the crime of AIDS transmitted diseases",on the one hand,adding the crime of AIDS transmitted diseases has its necessity:transmit AIDS behavior has the serious social harmfulness,endangering the life of the people and the right of their health,and is damage to national prevention and control of AIDS epidemic situation;There are some limitations in various doctrines,and it is difficult to effectively regulate this behavior.There are inherent maladies;The new judicial interpretation? will only include a small number of cases of AIDS transmission in the criminal law,and can not fundamentally solve this problem.On the other hand,adding the crime of AIDS transmitted diseases has its feasibility:evidence collection can meet the requirements of prosecution,the current judicial interpretation and regulations lay the groundwork,and extraterritorial legislation offer beneficial reference.The writer thinks that we should add article 234-2 in the fourth chapter of Specific Provisions of Criminal Law-the crime of AIDS transmitted diseases,specific provision is designed to:If someone knows that the behavior may spread HIV but still implement it,shall be sentenced to fixed-term imprisonment of not more than 5 years,criminal detention or public surveillance,and may be concurrently fined;Whoever commits one of the following circumstances shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years and shall also be fined:(1)the behavior is carried out against minors;(2)the behavior is carried out against more than one person;(3)causing others to become infected with HIV;If a minor or more than one person is infected with HIV or has other serious circumstances,he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and may also be fined.