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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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Poland

Estimated number of people living with HIV: 14,000
Number of people prosecuted for HIV transmission: Information not available
Number of people convicted for HIV transmission: Information not available

Applicable law: Criminal Code of 1997. Article 161, which came into force on 1 September 1998.

Key wording in the law:

Article 161

Whoever, knowing that he or she is infected by the HIV virus directly exposes another person to infection from that disease shall be subject to penalty of deprivation of liberty for up to 3 years.

Discussion:

From the responses received, it appears no precise information about the number of people prosecuted or convicted for the transmission of HIV in Poland is available. Poland is one of the few countries in the study group with legislation specific to the criminalisation of HIV transmission.

Directly exposing another person to the risk of HIV transmission is also subject to prosecution. The maximum penalty possible is three years’ ‘deprivation of liberty’.

Transmission of other sexually transmitted infections is subject to prosecution under a different law.

Completed questionnaires were received from a member of the Supreme Court Research and Analyses Office and from UNDP-Poland.

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