Research 18 ILIC 2019

Abstract:  HIV infection is one of the most serious diseases facing humans. Although the disease was not recognized until two decades ago, its victims are estimated to be millions. Thus threatening all social, cultural, economic and moral aspects. We have not seen in the Iraqi law and the majority of the legislation status of the existence of texts dealing with this subject. Unlike some of the comparative criminal legislation the legislator has devoted explicit texts to the punishment of deliberately infecting AIDS or transmitting a contagious infection. Such as Bahraini and Kuwaiti law. Thus, Iraqi law is a vacuum that must be dealt with so that the competent judicial authorities can punish the perpetrator with the aim of deterring the public.
Where the Iraqi law passed the Transitional Diseases Act and addressed AIDS as a transitional disease, but did not include the reference in this law to be criminalized, especially if deliberately transferred to another person because the methods of transmission varied and perhaps without the individual that the result of not taking the necessary measures in the infection and Will move to the rest of the family causing a great disaster we are rich. Therefore, the procedures referred to by the Iraqi legislator is the loss of a certain amount allocated to the patient of this disease without follow-up and beware of injury to others, whether sexual intercourse or other methods. Even more dangerous are those who deliberately transfer the disease. The law must tighten the penalty for this case because it is a deliberate murder. The Egyptian legislator, like the Iraqi legislator, has come free of dealing with this problem. In this case, the judge may resort to punishing the perpetrator for the crime of injury, beatings, intentional harm or the offense of giving harmful substances that are far from what the perpetrator did. The infection may be controlled by the patient and may lose immunity to the infection. Therefore, we believe that it is necessary for the criminal legislator in general and the Iraqi in particular to develop explicit texts that address and put an end to this scourge that causes the destruction of the individual and society.