THT
Criminalisation of HIV transmission in Europe

A rapid scan of the laws and rates of prosecution for HIV transmission within signatory States of the European Convention of Human Rights
Home Introduction Research aims Methodology Results People profile Other issues Steps forward Country data Survey questionnaire Comment Download report GNP + Europe Terrence Higgins Trust

Armenia

Estimated number of people living with HIV: 2,600
Number of people prosecuted for HIV transmission: 0
Number of people convicted for HIV transmission: 0

Applicable law: Article 123 of the Criminal Code of Armenia

Key wording in the law:

The Article 123 of Criminal Code:

1. Exposure [of] another individual to evident risk of HIV transmission is punished with correctional labour: maximum for a 2 year period or arrest: maximum for a 2 month period or imprisonment: maximum for one year period.
2. Infecting another individual with HIV by an HIV positive individual knowing about his/her HIV status on purpose or by self-assurance is punished with imprisonment: maximum for a 5 year period.
3. The action described by the Point 2 of this Article conducted in relation to:
    - two or more individuals
    - juveniles
    - evidently pregnant woman
is punished with imprisonment of a 3-8 year period.

Discussion:

From the responses received, it appears no one has yet been prosecuted for the transmission of HIV in Armenia. The law distinguished between exposure to ‘evident risk’ and transmission ‘on purpose’. It is not clear what ‘evident risk’ means in this respect. ‘On purpose’, on the other hand, seems to include transmission by anyone who knows that they are HIV positive. It appears that a person could be prosecuted even if transmission of the virus does not take place. A longer custodial sentence is applied to those who transmit the virus ‘on purpose’ to two or more persons, to juveniles or to evidently pregnant women.

Exposing another person to the risk of HIV infection could also be punished. The maximum sentence applicable was five years.

Transmission of other sexually transmitted infections is subject to prosecution under the same law.

Completed questionnaire was received from the National Centre for AIDS Prevention.

< < < Andorra

Return to country list

Austria > > >

Responsibility for the accuracy and interpretation of the data rests with THT and GNP+ Europe. If you would like to provide further information for updates for this survey or make comments please go to comments.

You are free to circulate / disseminate / reproduce this information as long as the source of the original is quoted.