ANALIZA JURIDICO-PENALĂ A INFRACŢIUNII „CONTAMINAREA CU MALADIA SIDA” PREVĂZUTE LA art.212 CP RM

Vladimir PALAMARCIUC Catedra Drept Penal şi Criminologie

Rezumat

Framework of this article is to investigate the penal rules that punish contamination of another person by AIDS stipulated by art.212 Penal code of Republic of Moldova, as well as in comparison with same regulation of the another countries, like Russia, Ucrain, Romania etc. Acquired immune deficiency syndrome or acquired immunodeficiency syndrome (AIDS) is a disease of the human immune system caused by the human immunodeficiency virus. HIV is transmitted through direct contact of a mucous membrane or the bloodstream with a bodily fluid containing HIV, such as blood, semen, vaginal fluid, preseminal fluid, and breast milk. This transmission can involve anal, vaginal or oral sex, blood transfusion, contaminated hypodermic needles, exchange between mother and baby during pregnancy, childbirth, breastfeeding or other exposure to one of the above bodily fluids. The purpose of this article is to underline some wrong stipulation of the Penal code of RM regarding the actions of transmission of the AIDS disease. Author comes with critical opinion on actual regulations of art.212 Penal code of RM and provides theoretical, as well as practical solutions of the problem.