Diversion as a Means of Solution to the Criminally-legal Problems Concerning Aids

The effective solution to the criminally-legal problems anchored in the valid Criminal Code is considered principally sufficient. There is, however, one fact that is being complained about, that is to say the law-giver did not apply the same approach to the problems of AIDS as in the case of venereal diseases. Regarding this fact, an amendment to the Criminal Code is being suggested that should after provisions on the criminal proceedings against persons who intentionally and expose other people to danger of contagious diseases. If prevention is prior to the extension of conditions concerning the criminal liability, a control of the ill persons will be secured. Using the diversion will undoubtedly secure that prevention will precede repression.

The diversion concerníng delicts which are punishable but the suspended sen­tence can be brought, which will enable the criminal liability to be applied and the perpetrators will not be punished.

The suggested way could help the law-giver in respect of considering a criminally­ legal solution to the AIDS-related problems.