新聞來源：自由時報 

〔記者王定傳／新北報導〕男子阿明被控隱瞞感染愛滋病毒，為HIV感染者，與一名男子阿強（均為化名）無套發生性行為，涉違反人類免疫缺乏病毒傳染防治及感染者權益保障條例；新北地檢署認為，阿明有按時回診、定時服藥，HIV病毒量低於定量極限的下限，不會藉由任何性行為傳染HIV給他人，且阿強事後檢驗亦呈陰性，以阿明主觀上無犯意為由，處分不起訴。

阿強提訴指出，去年12月25日，阿明隱瞞自己是HIV感染者，與他無套發生性行為，控告阿明涉嫌「明知自己感染而隱瞞與他人進行危險性行為未遂」罪嫌。

對此，阿明否認犯行，他堅稱自己6、7年前感染愛滋病毒後，都有到醫院就醫，並定期回診服用藥物，將病毒量控制到最低。

檢方函詢醫院得知，阿強在去年6月15日採檢HIV病毒負荷量，結果值為低於20，表示HIV病毒量低於定量的下限，故阿明已不會藉由任何性行為傳染HIV給他人，且阿強得知此事後，自行前往進行快篩檢驗，檢驗結果為陰性。

檢方認為，阿明與阿強發生性行為前，已按時就醫、定時服藥，亦無發病跡象，主觀上並無犯意，處分不起訴。

District Attorney deemed person on regular HIV treatment as individual with no criminal intention in case which the individual was accused of concealing the fact of living with HIV to have unsafe sex with others

July 22, 2022
Source: Liberty Times Net 
(Reporter WANG,DING-CHUAN, New Taipei) 

A-Ming (alias), a man who was accused of hiding the fact that he is HIV positive, was having unsafe sex with another guy, A-Qiang (alias). This was said to be in violation of the HIV Infection Control and Patient Rights Protection Act (hereafter the Act). The District Attorney in New Taipei City deemed that A-Ming did have his follow up appointments regularly and took his medication on time; thus, the HIV viral load was lower than the bottom limit and it wouldn’t be sexually transmissible. Also, A-Qiang had tested negative afterwards. Therefore, the DA decided to drop the indictment as A-ming didn’t have a subjective intention.

A-Qiang filed a lawsuit saying that A-Ming withheld the fact of being HIV positive and had unsafe sex with him on December 25th 2021; thus, he accused A-Ming of attempting to violate Article 21 in the Act “Individuals who are fully aware that they are the infected have, by concealing the fact, unsafe sex with others.”

A-Ming denied the allegation. He declared that he had been living with HIV 6 or 7 years, and he had gone to the hospital for treatment. He was able to keep the viral load to a minimum with regular follow-up and medication.

The DA obtained the record from the hospital showing results from a test A-Ming took on June 15th 2021, indicating that the viral load was below 20 which meant lower than the bottom limit. Therefore, A-Ming wouldn’t pass HIV to others sexually. Meanwhile, A-Qiang took a HIV rapid test showing a negative result after learning the news.

The DA then concluded that A-Ming did follow-up regularly with timely medication and had become virally suppressed before A-Ming was sexually involved with A-Qiang. He didn’t have a subjective intention so they dropped the charge.

Translated by Jessica Hsu