Facts
The case concerns the indictment against [X.] for grievous bodily harm (Art. 122 para. 1 Swiss Criminal Code) and the dissemination of human diseases (Art. 231 Swiss Criminal Code). [X.] is accused of knowingly and intentionally infecting his then-partner [Y.] with the HIV virus between the end of April and June 2003 by having unprotected oral and anal sexual intercourse with him several times.
The High Court of the Canton of Zurich found [X.] guilty and sentenced him to a partially suspended custodial sentence of 30 months. It also ordered him to pay [Y.] compensation of 50,000 Swiss francs.
[X.] appealed the judgment to the Federal Supreme Court.
Considerations
The Federal Supreme Court initially notes that the lower court rightly considered the statements of the respondent [Y.] to be credible and that there was no arbitrariness in the assessment of the evidence.
Regarding the legal assessment of the HIV transmission as grievous bodily harm under Art. 122 para. 1 Swiss Criminal Code, the Federal Supreme Court states that the previous case law, according to which the HIV infection is to be qualified as life-threatening within the meaning of this provision, can no longer be upheld in view of medical progress and treatment options. Although the HIV infection is still a serious chronic disease, the life expectancy of those infected can now be equalized with that of healthy individuals thanks to modern therapies.
The Federal Supreme Court remands…