Transmitting HIV to Others Without Knowledge: Is It a Crime?

Based on Article 148 of the Criminal Code 2015, stipulating the Crime of Transmitting HIV to Others as follows:

Anyone who knows they are infected with HIV and intentionally transmits HIV to others, except in cases where the victim is aware of the HIV status of the infected person and voluntarily engages in sexual relations, shall be subject to imprisonment from 01 year to 03 years.

If the crime falls under one of the following cases, the imprisonment shall range from 03 years to 07 years:

- Involves 02 or more persons;

- ...

Thus, the principle of criminal responsibility for the Crime of Transmitting HIV to Others is that the person knows they are infected with HIV and intentionally transmits HIV to others. Therefore, the case you mentioned is not subject to prosecution and is not a crime.

Sincerely!