A1 Refereed original research article in a scientific journal
HIV-infektio ja rikosoikeudellinen vastuu
Authors: Tatu Hyttinen, Jussi Tapani
Publisher: Suomalainen Lakimiesyhdistys
Publication year: 2017
Journal: Lakimies
Journal acronym: LM
Volume: 115
Issue: 6/2017
First page : 767
Last page: 788
Number of pages: 22
The article concerns the criminal liability of a person with HIV infection. This theme
has been a cause of headache for both courts and criminal law scholars in many countries.
The challenge has been aggravated by the fact that medical development of the
past 20–30 years has affected how the criminal liability of a person with HIV infection
is conceived. The question intertwines medical progress and criminal law, whereby the
advances in medicine have forced courts and criminal law scholars to constantly reassess
the viability of their previous views. For example, the Finnish Supreme Court has
discussed the issue in three recent rulings (KKO 2015:83; KKO 2015:84; KKO 2017:8).
The article analyses how the criminal liability of person with HIV infection is understood
in the case-law of the Finnish Supreme Court. Based on the analysis, the authors
come to the conclusion that the rulings of the Supreme Court have contributed to define
the criminal liability of a person with HIV infection, but many questions related to
liability are still truly open.