Zădărnicirea combaterii bolilor, contaminarea venerică și transmiterea sindromului imunodeficitar dobândit – SIDA. O singură faptă, trei infracțiuni?

The article analyzes the issue of concurrence of offenses, real or formal (ideal), between the crimes of thwarting the fight against diseases, venereal contamination and the transmission of AIDS. The justification of the approach starts from the elements that differentiate the three crimes from each other, more exactly the notions of infectious disease and venereal disease. In the context where the main criterion for differentiation between the three crimes is the classification of the transmitted disease in one of these categories, the hypothesis of retaining the concurrence of offenses in the case of transmission of the HIV virus (the virus that causes a disease that can be classified simultaneously in the category of infectious and venereal diseases). The article analyzes, at the same time, the shortcomings of the incriminating law texts and questions the legislator's options regarding the nonincrimination, respectively the incrimination of certain behaviors. At the same time, this article analyzes possible alternatives to the content of the charges so that the doubt is removed