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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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Moldova

Estimated number of people living with HIV: 5,500
Number of people prosecuted for HIV transmission: 0
Number of people convicted for HIV transmission: 0

Applicable law:
Law on Prevention of AIDS 1993
Code of Criminal Procedures 2002

Key wording in the law:

Law on Prevention of AIDS, Article 6.

A person being in good knowledge of having AIDS and deliberately exposing to risk of infection or contamination with AIDS another person can be charged with responsibility under the criminal law, at the same time reimbursing the costs of treatment to the infected person.

Code of Criminal Procedures, Chapter VIII, Offences against Public Health and Social Cohabitation

Article 211. Transmission of venereal diseases;
(1) A person. Who, being in knowledge of suffering from a venereal disease transmits it to another person will be sentenced to prison up to 3 years.
(2) The same offence exercised:
a. repeatedly
b. against two or more persons
c. deliberately with a juvenile (minor)
shall be sentenced to prison from 3 up to 5 years.

Article 212. Contamination with AIDS disease

(1). Exposing deliberately of another person to contamination with AIDS shall be charged with imprisonment up to 3 years.
(2) Contamination with the AIDS disease by a person in good knowledge of suffering from the disease shall be charged with imprisonment from 3 up to 5 years.
(3) The same offence exercised:
b. against two or more persons
c. deliberately with a juvenile (minor)
shall be sentenced to prison from 5 up to 8 years.
(4) Contamination with the AIDS disease as a result of non-exercising or unsatisfactory exercising of functional duties by a medical professional shall be charged with imprisonment up to 5 years with (without) deprivation of the right to occupy some posts or exercise some duties for a period of up to 3 years.

Discussion:

From the responses received, it appears no one has been prosecuted for HIV transmission in Moldova. UNAIDS-Moldova indicated that the legal mechanisms for prosecution exist and that the first of these pieces of legislation was introduced in the face of the rising HIV epidemic, because no other piece of legislation could be used to effect criminalisation.

Exposing another person to the risk of HIV transmission is also subject to prosecution. The maximum sentence applicable is five years, rising to eight years for someone who infects more than one person or infects a juvenile.

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

A completed questionnaire was received from UNAIDS -Moldova.

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