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Lithuania
| Estimated number of people living with HIV: |
1,300 |
| Number of people prosecuted for HIV transmission: |
0 |
| Number of people convicted for HIV transmission: |
0 |
Applicable law: Article 135, 137, 277 in the Penal Code of Lithuanian Republic
Key wording in the law:
Article 135.
1. A person, who injured or made ill, and a victim lost a sight, speech, fertility, pregnancy or was otherwise seriously disabled, acquired incurable disease or a long-lasting disease, which is life-threatening or hardly disordering human mind, or lost big share of professional or general efficiency, or victim’s body was deformed beyond retrieve, is punished by deprivation of freedom for up to ten years.
2. A person, who severely injured or made ill an underage, a helpless person, own mother, farther or child, pregnant woman, two and more people, with torture or otherwise cruelly, by a life-threatening way, because of rowdy incentive, because of selfish incentive, because of victim’s service or citizen duties, trying to hide other crime, trying to get an organ or tissue of a victim’s for transplantation purpose, is punished by deprivation of freedom from two up to twelve years.
Article 137. Severe health injure because of carelessness.
1. A person, who has severely injured or made ill another person because of carelessness, is punished by detention or deprivation of freedom for up to three years.
2. A person, who has severely injure or made ill two or more people because of carelessness is punished by deprivation of freedom for up to five years.
3. A person, who has performed the actions foreseen in part 1 or 2 or a present article through violating special rules of safe behaviour vested in legislation acts, is punished by deprivation of freedom for up to seven years.
4. A legal entity is also responsible for actions foreseen in the part 3 of a present article.
Article 277. Violation of the rules of fighting epidemics or communicable diseases.
1. A person, who has violated health care requirements or the rules of prevention and control of communicable diseases, stated in the legislation acts, and a disease has spread or epidemic occurred because of that, is punished by fine, detention or deprivation of freedom for up to three years.
2. A person, who, being informed by medical institution about his disease or cautioned about protection means he must take while communicating with other people, put into danger another person to infect with threatening infectious diseases, committed a crime and is punished by public work or fine, or deprivation of freedom, or detention.
3. A person pays the penalty according to this article in the cases when actions foreseen in this article are performed because of carelessness.
4. A legal entity is also responsible for actions foreseen in the part 1 of a present article.
Discussion:
From the responses received, it appears there is no precise information about the number of people prosecuted in Lithuania. However, it appears no one has been convicted. The Lithuanian AIDS Center knows of an attempt by some inmates in a correctional facility (prisoners) to have the prison’s health care service and state prosecuted for those infected with HIV while in prison; however this prosecution apparently did not succeed.
Transmission of other sexually transmitted infections is subject to prosecution under the same laws. HIV is listed alongside syphilis, HVG and gonorrhoea under the Law of Prevention and Control of Human Communicable Diseases as being ‘dangerous’ and ‘especially dangerous’ communicable diseases.
Completed questionnaires were received from the Lithuanian AIDS Center and UNDP Lithuania.
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