Facts
On 6 April 1989, S. was found guilty by the District Court of Lausanne of intentional dissemination of a human disease (by eventual intent) and intentional serious bodily harm. He had engaged in unprotected sexual relations with a young woman while knowing he was HIV-positive. His partner was thus infected with the HIV virus. S. was sentenced to 4 years' imprisonment. He appealed to the SCC, challenging his conviction for dissemination of a human disease and for serious bodily harm.Considerations
The SCC dismisses the appeal. It considers that infection with the HIV virus, even at the asymptomatic stage, constitutes a dangerous and communicable human disease within the meaning of Art. 231 SCC. Although the doctrine is divided on the issue, the SCC believes that the views expressed in various fields (medical, social insurance, parliamentary) lead to the recognition of HIV seropositivity as a disease. Moreover, the general preventive role of criminal law must not be neglected in the face of the increasing number of AIDS cases.
Furthermore, the SCC considers that serious bodily harm…