France

Estimated number of people living with HIV:	120,000
Number of people prosecuted for HIV transmission:	Information not available.
Number of people convicted for HIV transmission:	2 or 4

Applicable law:
French Penal Code: Articles 221-5, 222-15, 223-1 and 223-6.
Atteinte volonataire a l’integrite physique d’une personne, empoisonnement.

Key wording in the law:

221-5 Poisoning:

To make an attempt on somebody’s life by using or giving any product which can lead to death is a poisoning. Poisoning is sentenced to ten years of imprisonment.
It is sentenced to life imprisonment when committed under the circumstances established in articles 221-2, 221-3 and 221-4.
The first two paragraphs of article 132-23 related to minimum sentence apply to the offence established in this article.

222-15 Administration of dangerous substances:

Giving prejudicial substances which impair to somebody’s physical or psychical integrity is sentenced to penalties as mentioned in articles 222-7 to 222-14 according to the differences provided for in these articles.
The first two paragraphs of article 132-23 related to minimum sentence apply to the offence in the same way as of those established in those articles.

223-1 Bodily harm

Exposing directly somebody to immediate death risk or injuries which would lead to disability or severe handicap resulting from a deliberate breach of a specific safety or caution rule dictated by law is sentenced to a year of imprisonment and a 15000€ fine.

223-6 Refusal to assist a person exposed to danger:

Whoever, through an immediate and risk less action, can prevent a crime or an infraction against somebody’s physical integrity refrains from doing so, is sentenced to five years of imprisonment and a 75000€ fine.
The same sentence will apply to whoever refrains from helping someone in peril, when there is no risk neither for him/herself nor for a third person, and when he/she could have helped by acting directly or seeking for help.

Discussion:

From the responses received, it appears that precise information is not available for the number of people prosecuted for transmitting HIV in France. According to Act Up-Paris, four people have been convicted. AIDES put the figure at two. It is estimated that the first prosecution was brought in 1996 and one of the convictions was secured within the last 12 months. Of the laws listed, conviction under the poisoning laws has the possibility of the severest sentence: life imprisonment.

All of those convicted have been male and transmission has been through heterosexual sex.

Separately from this inquiry, AIDES reported that a former Secretary of State for Health was convicted for delaying the implementation of an HIV testing kit that would have prevented hundreds of persons being infected through blood transfusions.

It appears that exposing another person to the risk of HIV transmission can be subject to prosecution and treated in the same manner as actual exposure. The maximum sentence applicable is life imprisonment.

Transmission of other sexually transmitted infections is not subject to prosecution.

Completed questionnaires were received from Act-Up Paris and AIDES.

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