Linguistic interpretation of the typifying exposure to contagion

Abstract

Exposure to HIV, venereal disease, or serious incurable or life-threatening disease contagion is a prohibited act as defined in article 161 of the Criminal Code. The linguistic interpretation of these acts’ features has been subject to misunderstandings in literature. Authors seem to use three linguistic interpretation directives at the same time: the “common language”, the “legal language”, and the “specialised language” directives. Choosing any of these can influence the field of criminalisation. There is no reason to draw the meaning of words from regulations on preventing and combating infectious diseases. The discussed terms have been used in a way that is incompatible with the rules of medical language. Therefore, the meaning of the phrases used in the statutory description of the features should be determined based on the “common language” directive.