Facts
On 15 July 2003, the Jury Court of the Canton of Zurich sentenced the appellant [X.] to a custodial sentence of three and a half years for multiple attempted aggravated assaults within the meaning of Art. 122 para. 1 SCC and multiple attempted dissemination of human diseases within the meaning of Art. 231 no. 1 para. 1 SCC. The appellant, who is HIV-positive, had unprotected sexual intercourse with five men between August 1995 and June/July 1998 without informing them of his infection.Considerations
The Federal Supreme Court upholds its case law, according to which infection with the HIV virus constitutes a life-threatening injury within the meaning of Art. 122 para. 1 SCC. Even though treatment options have improved, the infection still leads to the outbreak of AIDS and subsequent death with a high probability. Therefore, there is a case of aggravated assault. Regarding conditional intent, the Federal Supreme Court also confirms its previous case law. A person who, as an HIV-infected individual, has unprotected sexual intercourse without informing the partner, accepts the possibility of transmission and thus acts with conditional intent. The statistical probability of transmission does not change this. However, the Federal…