Unfair criminalization as a threat to epidemic safety.

OBJECTIVE

Aim: This article aims to raise awareness and stimulate serious discussion of the negative impact of criminal law regulation on the prevention and treatment of infectious diseases, including HIV/AIDS, tuberculosis, and sexually transmitted diseases..

PATIENTS AND

METHODS

Materials and

Methods

The study was conducted in 2024 and based on the empirical and analytical data of the Joint United Nations Programme on HIV/AIDS, the World Health Organization, the legal positions of the ECHR, legal practice and statistics of Ukraine, legal acts of the Ukraine, Germany, Estonia, Lithuania, and Poland. In total, 21 laws, drafts of laws, other documents, and 26 court decisions were analysed. Analytical, comparative, synthetic, systemic, sociological, induction, and deduction research methods were applied.

CONCLUSION

Conclusions

Criminal law should consider the latest medical research results when determining the boundaries of criminal law regulation. It is necessary to proceed from the principle of necessity in a democratic society when deciding on the criminalization of the transmission of HIV, tuberculosis, sexually transmitted diseases, COVID-19, and other infectious diseases. Based on this principle, decriminalization is necessary: a) infection with a disease that does not pose a serious danger; b) placing a person in danger of being infected with an infectious disease if such consequences did not occur and the person did not intend to become infected with such a disease.