Facts
The case concerns an individual, X., who was found guilty of attempted serious bodily harm and spreading a human disease due to his unprotected sexual relations with five men, while being aware of his HIV infection. X. appealed the decision, contesting in particular the qualification of serious bodily harm and the existence of potential intent.
The facts took place between August 1995 and June/July 1998. X. was sentenced to three and a half years in prison for these offenses. He filed a nullity appeal against this decision, contesting the legal qualification of the facts and the determination of the sentence.
Considerations
On the qualification of serious bodily harm : The Federal Court confirmed that HIV infection constitutes serious bodily harm within the meaning of Article 122 of the Swiss Criminal Code, as it can lead to a serious and potentially fatal disease, even if death is not immediate.
On the existence of potential intent : The Court held that X. had acted with potential intent, as he was aware of the risk of transmitting HIV and had nonetheless chosen not to take precautions to protect his partners, even if he did not wish to infect them. This potential intent is characterized by the fact that X. took the risk of transmitting HIV, despite knowing that this risk existed.
On the spread of a human disease…