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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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Romania

Estimated number of people living with HIV: 6,500
Number of people prosecuted for HIV transmission: Less than 5
Number of people convicted for HIV transmission: Information not available

Applicable law: Romanian Penal Code - No article specified

Key wording in the law:

Article 144

Who does offend the body or the health of another person:
c) provoking particularly painful or permanent illness, or serious or incurable psychic anomaly; or
d) provoking danger to life.

(Provided by UNAIDS-Romania)

2. Transmission of HIV virus by a person that knows that is infected with the HIV virus is punished with imprisonment from 5 to 15 years.

Discussion:

From the responses received, it appears less than five people have been prosecuted for HIV transmission in Romania. It is not known how many of these prosecutions led to convictions. According to UNAIDS-Romania, the first prosecution for HIV transmission was brought in 1994. No data was available to UNAIDS-Romania about the particulars of any of the people prosecuted. According to World Vision Romania, most of those who were prosecuted were women and transmission occurred during heterosexual sex

Only actual transmission of HIV to another person is subject to prosecution. The maximum sentence applicable is 15 years’ imprisonment.

Transmission of other sexually transmitted infections is subject to prosecution.

Completed questionnaires were received from World Vision-Romania and UNAIDS-Romania.

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