Is it illegal to get AIDS?

Subjectivity of law: AIDS patients are a special group, and they may break the law at will because they have AIDS. So, will AIDS crimes go to jail? First, will AIDS crimes go to jail? Aids crimes may go to jail. Even AIDS should be determined according to the severity of the disease. If you can't take care of yourself or endanger your life, you can apply for temporary execution outside prison. But the hospital designated by the provincial people's government should diagnose and issue a certificate. According to the provisions of Article 254 of the Criminal Procedure Law, a criminal sentenced to fixed-term imprisonment or criminal detention may be temporarily executed outside prison under any of the following circumstances: (1) He is seriously ill and needs medical treatment outside prison; (2) Women who are pregnant or nursing babies; (three) life can not take care of themselves, the application of temporary execution outside prison will not harm society. A criminal sentenced to life imprisonment may be temporarily executed outside prison under the circumstances specified in the second paragraph of the preceding paragraph. Criminals released on medical parole may be socially dangerous, or criminals who self-harm may not be released on medical parole. If a prisoner suffers from a serious illness and must be released on parole for medical treatment, the hospital designated by the provincial people's government shall diagnose and issue a certificate. Second, does the malicious spread of AIDS constitute a crime? 1. If the perpetrator knows that he has a serious sexually transmitted disease, he still falls in love with others, concubines and commits adultery, which does not constitute this crime. It is necessary to engage in prostitution and whoring activities for the purpose of profit-making or laissez-faire communication. 2. Whoever knowingly suffers from a serious sexually transmitted disease and has sex with others for the purpose of hurting others and infecting others with sexually transmitted diseases cannot be convicted of spreading sexually transmitted diseases. If the circumstances are serious, it shall be punished as intentional injury. For example, knowing that you have AIDS and having sex with others may be punished with intentional injury. This case should be analyzed in detail, which may mainly be suspected of spreading sexually transmitted diseases or endangering public safety in other dangerous ways. 3. Whoever engages in prostitution or whoring knowing that others are suffering from serious sexually transmitted diseases such as syphilis and gonorrhea, according to the provisions of Article 360th of the Criminal Law, constitutes the crime of spreading sexually transmitted diseases, and shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or control, and shall also be fined. 4. If the perpetrator intentionally lets people use needles, blood or blood products contaminated with HIV, or even stab others with needles contaminated with HIV, and spreads HIV to an unspecified majority, endangering the life safety of the unspecified majority, he shall be convicted and punished for the crime of endangering public safety in other dangerous ways. According to the provisions of Articles 114th and 115th of the Criminal Law, those who have not caused serious consequences shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. Whoever causes serious injury or death to others or heavy losses to public or private property shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. 3. What are the constitutive elements of the crime of spreading sexually transmitted diseases? 1. The object infringed by objective elements is a dual object, that is, the health of others and the management order of social security. In order to earn money, satisfy their illegal sexual desire, or to retaliate against society, the actor still engages in prostitution and whoring activities, which seriously disrupts social order. The perpetrator knows that he has syphilis, gonorrhea and other serious sexually transmitted diseases, and still engages in prostitution and whoring activities, which will directly spread sexually transmitted diseases and cause harm to the health of others. 2. Objectively speaking, the objective requirement is that patients with severe sexually transmitted diseases engage in prostitution. Prostitution and whoring are corresponding behaviors. Prostitution refers to having sex with an unspecified opposite sex or engaging in other fornication activities for profit, while whoring refers to having sex with prostitutes or engaging in other fornication activities at the expense of paying money or other property. That is, patients with sexually transmitted diseases can easily transmit sexually transmitted diseases to each other when they engage in promiscuous activities other than sexual intercourse with others. Therefore, other promiscuity behaviors have the same social harm as prostitution with sexual intercourse as its content. This crime is a crime of conduct. As long as the perpetrator knows that it is prostitution, it constitutes a crime. Whether it actually caused the spread of sexually transmitted diseases to others does not affect the establishment of this crime. Of course, if the perpetrator's prostitution does cause others to be infected with sexually transmitted diseases, it can be considered as the plot of sentencing. 3. Subject elements The subject is a special subject, that is, a person who has reached the age of 16, has the ability of criminal responsibility, and suffers from serious sexually transmitted diseases such as syphilis and gonorrhea. Both China citizens and foreigners can be the subject of this crime. 4. The subjective element is intention, and negligence does not constitute this crime. That is, the perpetrator knows that he has a serious sexually transmitted disease, but for some motive or to achieve some purpose, he still prostitutes or whores others. The actor's "knowing" can be that he knows exactly that he has some serious sexually transmitted disease, or that he may have some serious sexually transmitted disease. If the actor has not been diagnosed with a serious sexually transmitted disease, but according to his knowledge and experience, he can prove that he knows that he may have a serious sexually transmitted disease, he should also be considered as "knowing". As for the actor's hope or laissez-faire attitude towards the possible harmful consequences of spreading sexually transmitted diseases to others, it does not affect the establishment of this crime. Legal objectivity: Article 62 of the Regulations on AIDS Prevention and Control stipulates that HIV-infected persons and AIDS patients who intentionally spread AIDS shall bear civil liability for compensation according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.