A1 Refereed original research article in a scientific journal

HIV-infektio ja rikosoikeudellinen vastuu




AuthorsTatu Hyttinen, Jussi Tapani

PublisherSuomalainen Lakimiesyhdistys

Publication year2017

JournalLakimies

Journal acronymLM

Volume115

Issue6/2017

First page 767

Last page788

Number of pages22


Abstract

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.



Last updated on 2024-26-11 at 12:07