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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
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Latvia

Estimated number of people living with HIV: 7,600
Number of people prosecuted for HIV transmission: 1
Number of people convicted for HIV transmission: 0

Applicable law: 1998 Criminal Law Code, paragraph no. 133 and paragraph no. 138(2)

Key wording in the law:

Paragraph 133 Infection with HIV

For a person who knowingly commits infection of a person with human immunodeficiency virus (HIV), the applicable sentence is deprivation of liberty for a term not exceeding eight years.

Paragraph 138 (2)

1. If the non-appropriate or neglectful professional duties of medical staff has caused infection with HIV or has resulted in death, perpetrator is punished with imprisonment up to five years with taking away rights to cure up to five years.

Discussion:

From the responses received, it appears there has been one person prosecuted for transmitting HIV in Latvia. This, however, did not lead to the conviction of the person involved. The person prosecuted was male and was in prison at the time of the offence. UNDP-Latvia gave the mode of transmissions as ‘blood analysis in the prison clinic’.

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

Completed questionnaires were received from the AIDS Prevention Centre, the Ministry of Health and from UNDP Latvia.

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