"Request for imprisonment for the defendant who concealed his HIV-positive status from his spouse before marriage."

In the case of the defendant who submitted the health report for marriage procedures late to the municipality and concealed his HIV positive status from his spouse before marriage, a lawsuit was filed with a request for up to 20 years in prison for the charge of "attempted murder against a spouse."

SUBMITTED THE HEALTH REPORT AFTER HIS SPOUSE

E.K. (35) tested HIV positive in two tests conducted at different hospitals on December 8, 2022, and January 3, 2023. E.K., who started treatment and medication, married K.K. (36) on February 26, 2023. E.K., who submitted the health report obtained as part of the marriage procedures to the municipality after his spouse, claiming to be busy with work, concealed his illness from his wife. E.K. told his wife, who saw him taking medication, that he was using them due to an infection and that he did not have any serious illness.

NOTE FOUND 1.5 MONTHS AFTER THE WEDDING REVEALED THE TRUTH

K.K. found a note in her husband's clothing pocket that read, "Hepatitis B vaccination is recommended," while cleaning the house 1.5 months after their marriage. Although E.K. claimed that his friend put the medications in the bag, K.K. insisted on retesting. K.K. learned from the test result that her husband was carrying the HIV virus.

Upon this, K.K. filed a complaint through her lawyer against her husband, who concealed his illness from her. The petition stated that E.K., who admitted to not informing his spouse about his existing illness, committed an act that qualifies as "attempted murder and intentional injury." The petition requested an investigation into these crimes against the suspect and the filing of a lawsuit.

In the investigation initiated by the Gaziosmanpaşa Chief Public Prosecutor's Office, E.K. stated that he submitted the blood test two days later due to being busy during the marriage process and claimed that he did not know he was carrying the HIV virus.

THE VICTIM'S TEST RESULT WAS NEGATIVE

In the report prepared by the Forensic Medicine Institution on June 12, it was explained how the virus is transmitted, and it was stated that if the 4th generation antigen/antibody tests conducted four weeks after the first test were negative, it would be accepted that the virus was not transmitted. The report noted that in the test conducted on July 24, the victim K.K. tested negative for the HIV virus.

The indictment prepared by the Gaziosmanpaşa Chief Public Prosecutor's Office regarding the suspect E.K. was sent to the Istanbul Chief Public Prosecutor's Office. In the indictment prepared by the prosecutor's office, it was explained that according to the documents submitted by the Provincial Health Directorate to the investigation file and the Forensic Medicine Institution report, it was determined that the defendant was HIV positive in the tests conducted at two different hospitals on December 8, 2022, and January 3, 2023, before the marriage date, and that treatment was initiated.

The indictment emphasized that if the defendant was aware of his illness before marriage, an evaluation would be made for the charge of "attempted murder."

REQUEST FOR UP TO 20 YEARS IN PRISON

In the indictment, it was stated that the defendant E.K., despite knowing that he was carrying the virus before marriage, disregarded the health of the complainant and engaged in sexual relations with his spouse, and it was recorded that the defendant committed the crime of "attempted murder." The indictment requested that the defendant be sentenced to imprisonment for a term of 13 to 20 years for the charge of "attempted murder against a spouse," and it was accepted by the heavy penal court.