Law / 5. criminal law and criminology

Candidate of legal sciences, Associate professor A.M. Seraliyeva

Kazakh National Pedagogical University named after Abai , Kazakhstan

The criminological characteristic of the crimes connected

with infection of HIV/AIDS

Now, according to estimates of UNCP on HIV/AIDS and WHO, about 40 million people live with HIV on the Earth, from them – 90 % in developing states, about 25 million died from AIDS. Experience of observation on epidemic in African countries to the South from Sahara testifies that prevalence of HIV within 20 years can grow to 20-30 %, having caused the serious crisis of development, conditioned by mass death and disability of economically active population, redistribution of national budgets on assistance to people, directly injured from HIV/AIDS, to the prejudice of education, the science, safety and social development.

In Kazakhstan the first case of HIV infection was registered in 1987. According to the AIDS Republican center, for the last four years it was registered in 2005 — 5551 persons, in 2006 — 7402, in 2007 — 9378, in 2008 — 11709 and for November 1, 2009 — 13463 people, that is every year the number of HIV infected increases [1].

In Kazakhstan for the first time in 2006 the infective episode of HIV was registered among children of the Southern-Kazakhstan area who were on treatment in the children's medical organizations, and 55 children with this diagnosis were registered in September of the same year. Major factors of infection of HIV were transfusion of donor blood and its components, use of reusable medical instruments, and it was the results of loosening of control of safety of prepared blood both its components, and violation of a disinfection and sterilizing regimen in the medical organizations of area.

The factors promoting wide spread of HIV are dangerous actions with the injections and sexual behavior. In the question considered by us, first of all, we can mark out the priority groups of people, defining spread of HIV/AIDS. It can be specified on the basis of the carried-out primary sociological analysis of a situation the next groups:

1. Users of injecting drugs. Reasons of marking out of this group of people following: the group is rather numerous and it is observed growth of number of its representatives; representatives of group practise dangerous behavior, for example, use of the same syringes for injections of drugs; users of drugs generally consist of people of sexually active age who practise dangerous sexual behavior; representatives of group aren't provided with sufficient information, have no necessary access of having the best opinion, to the protectors from HIV infection, to medical service. Let's add also that the risk of infection of HIV, in the presence of the virus in the syringe, comes nearer to 100 %, and over 80 % of the people registered with HIV in Kazakhstan use injecting drugs [2].

2. Sexual workers. Reasons of marking out of this group of people following: decrease in a level of living of the population in a transition period creates the base for a wide spreading of prostitution among population; representatives of group practise dangerous behavior, for example, refusal of use of protectors from HIV; more then 50 % of HIV infections in the world occur sexually, and occupation by prostitution is the main reason for diseases sexually transmitted, which in 4-5 times increase probability of HIV penetration in an organism; the group also remains closed for preventive interventions, and its representatives exclusively seldom seek medical advice at infections, sexually transmitted.

The special hazard for spreading of epidemic of AIDS is represented by the international prostitution — forms of activity of prostitutes, not limited by the one region or the country.

 3. The persons practicing homosexual contacts.
The epidemiology of HIV/AIDS is connected also with homosexual sexual relations between men. To the mid of the 80th years in countries of Western Europe and the USA heterosexual transfer of HIV had rather a small role in disease spreading: in the USA, for example, 1 percent against 65-70 % of cases of infection by a homosexual way. However at the present time, number of a transmission of infection of heterosexual way has the rapid growth in the West countries, reaching 5 and more % that it is aggravated already having the disturbed situation on incidence of AIDS (the number of infected persons doubles each 8-12 months).
 4. Youth. Reasons of marking out of this group of people following: the group is numerous and makes the main sexually active population (according to data of Statistical Agency, more than a quarter of Kazakhstan’s people there are persons at the age from 15 to 29 years); mainly representatives of youth to run off the rails of use of drugs and occupation by prostitution. Infections sexually transmitted are mainly widespread among youth.
 5. The priority group of people, defining the spreading of HIV/AIDS, is formed also by the persons keeping in places of imprisonment. 3445 people, living with HIV infection, keep in the penitentiaries of Kazakhstan for October 1, 2012 [1].
 The criminological portrait of the criminal identity according to Art. 116 of CC RK are formed from such factors, as: moral degradation, disobedience to the law, neglect of public and individual values etc., also we can apply such as the irresponsible relation to own health, health of other citizens. For that matter, the considered crime is deprived of any mercenary motives, material and other benefits from perfect illegal act. There is only "connivance" and "irresponsibility" to yourself and other members of society, society in whole. However there are also the features revealed at studying of motivational aspects.
 It is necessary to remember that infection with a human immunodeficiency virus HIV/AIDS is closely interfaced to other crimes, such as: rape (Art. 120 of CC RK), the use of drugs (Art. 259-263 of CC RK), involvement in occupation by prostitution (Art. 270-271 of CC RK), a sodomy (Art. 123 of CC RK), coercive actions of sexual character (Art. 121-122 of CC RK). In the most part — it is sex crimes.

Infection with HIV/AIDS in many cases is accompanied by a criminal negligence of the medical personnel, whose activity is connected with the treatment of blood (dentists, gynecologists, surgeons, employees of the centers of reception of blood, the AIDS centers, dermatovenereological clinics, etc.), and also negligence of public officials of medical institutions (Art. 316 of CC RK).

 We can recreate a portrait of the identity of the criminal on the basis of the analysis of individual social and demographic, psychological, biological signs of the person — it is a person with a certain type of the criminal behavior, consciously bearing in him threat of spreading of epidemic HIV/AIDS, injure to health, and life threat to healthy people.
What motives this behavior has? «If I am ill, it is not so important, when somebody is ill too», or «If I was infected, and I ….» etc. 
 At investigation of the crimes provided by Art. 116 of CC RK, it is necessary to consider a number of the specifics mediated by social practice. For example, it is necessary for investigating bodies to consider that the group of people, practicing consumption of injecting drugs, use them is unsafe from the point of view of HIV transfer, and has insufficient ideas of ways of prevention of infection, that it is not allowed to their representatives to do the realized behavioral choice. In addition, users of injecting drugs practise dangerous sexual behavior and haven’t adequate knowledge which would allow them to behave more safely. 

The group of people which has promiscuous sexual relations with a large number of partners — are workers of commercial sex — also practice the dangerous form of behavior from the point of view of infection HIV. For example, sexual contacts without use of mechanical means of protection and this group hasn’t medical treatment of infections, sexually transmitted, raising chance of infection and HIV transfer. Level of awareness of this group of people about prevention of HIV infection is unsatisfactory. It is observed the simultaneous belonging of a number of workers of commercial sex to the group using injecting drugs.

 In cases of infection with an immunodeficiency virus HIV/AIDS interfaced to the rape, the criminological characteristic of the identity of the criminal is supplemented with signs of subjects of violent crime therefore it is possible to mark out the following types. Into the first type it is entered the persons with various mental anomalies, and also pathological manifestations of libido (fetishism, exhibitionism, sadism etc.). To the same group are entered the persons having psychosis of late age, developing senile dementia. Sexual encroachments concerning juvenile and minor are specified to them.
 Into the second group are entered the persons who don’t have the pathological changes in mentality and the sexual area. It is possible to subdivide them into the three subgroups. Chronic alcoholics, addicts, and also the persons who are earlier judged for malicious hooliganism, robberies, sex and other violent crimes are entered into the first group. They are distinguished by roughness, cruelty in the handling of people around, moral dissoluteness, perversity in satisfaction of libido. 
 To the second subgroup it is rated the persons who do not have sharply expressed signs of the first subgroup. In the majority, they are different of the primitive interests, the cynical relation to the woman, and abuse of the alcoholic beverages. Into the third category we can rate the persons who have made rape because of the difficult, specific relations from the victim in a situation when her behavior was risky, rash and even provocative. 

Thus, when we are studied the identity of the criminal, committing crimes, connected with infection with HIV/AIDS, it is possible to do the following conclusions:

— the most people, who committed crimes on Art. 116 of CC RK, it is typical next: degradation, disobedience to the law, contempt and neglect public and individual values, the irresponsible relation to own health, health of other citizens;
— law enforcement agencies should improve their activity, considering habits and behaviors of the identity of the criminal, social and demographic, criminal and legal, moral and psychological and intellectual level.
 Potential victims of crimes have a number of the specific behavioral conditions, as a whole, which necessary for probability of infection with an immunodeficiency virus HIV/AIDS and beginning of a criminogenic situation. Many of these conditions also make a causal criminogenic complex. 
First of all, it is:
— relations with sexual promiscuity;
— negligence to the health (non-use of mechanical means of protection, avoiding of preventive medical examinations etc.);
— use of injecting drugs (with unsterile and secondary syringes, etc.);
— occupation by prostitution or use of services of sexual workers;
— having the homosexual relations;
— tendency to alcohol drinking;
— tendencies to cheerful pastime at unjustified circumstances of trustfulness, etc.
 According to Art. 116 of CC RK, crime victims can be legislative, trustful and in many cases helpless people. They are the babies, subject to infection with HIV/AIDS in maternity and other medical institutions at blood transfusion, the adult-patients who are also receiving blood from donors in hospitals. 
 Problems of fight against the specified disease it is area of concern of all people of the planet, especially that circumstance that, at present, all over the world it isn't created the drugs curing HIV/AIDS, a vaccine which could be protected from infection and HIV transfer to the healthy person. As a result we can do the conclusion that fight against of the spreading of HIV infection should be based on the following priorities: formation of the safe individual behavior, warning or reducing risk of transfer of a virus; in strengthening of the responsibility to the persons who infected or promoting infection with HIV / AIDS.
REFERENCES:
1. Cumulative data of registered cases of HIV infection of the Republican center for prevention and fight against AIDS//info@rcaids.kz.

2. Decree of the President of the Republic of Kazakhstan. About the adoption of Strategy of fight against drug addiction and narcobusiness in the Republic of Kazakhstan for 2006-2014: approved from Nov. 29, 2005, No. 1678 // RLSL (Reference of law system for lawyer) of the Republic of Kazakhstan. — 2005. — No. 42. — Art. 571.

DENOTATIONS AND ABBREVIATIONS

HIV	— Human immunodeficiency virus
AIDS	— Acquired immunodeficiency syndrome
WHO	— World Health Organization
UNCP on HIV/AIDS	— United Nations consolidated program on HIV/AIDS
CC RК	— Criminal code of the Republic of Kazakhstan