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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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Russia

Estimated number of people living with HIV: 860,000
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 the Russian Federation (Federal Law No.63-FZ dated 13 June 1996)

Key wording in the law:

Article 122: Infection by HIV

1. Placing deliberately other person under the risk of HIV infection - will be punished by the freedom limitation for up to three years, or by the arrest for the period from three to six months, or by the imprisonment for up to one year.

2. HIV infection of a person by the person, who was aware that he is HIV-infected, will be punished by the imprisonment for up to five years.

3. The acts specified in the part two of this article and committed towards two or more persons, or towards the under-age person deliberately, will be punished by the imprisonment for up to eight years.

4. HIV infection of a person as a result of improper professional performance - will be punished by the imprisonment for up to five years accompanied by the restriction for certain professional positions or activities for up to three years.

Note. A person, who has committed the acts specified in the parts one and two of this article, will not be prosecuted in case other person placed under the risk of HIV infection or infected by HIV had been timely warned on this disease of the first person, and had voluntarily agreed to act in a way creating the risk of infection.

Discussion:

From the responses received, it appears there is no precise information available about the number of people prosecuted and convicted for transmission of HIV in Russia.

Exposing another person to the risk of HIV infection is also punishable. The maximum sentence applicable is five years’ imprisonment, rising to eight years where two or more persons or a juvenile is infected.

Transmission of other sexually transmitted infections is also subject to prosecution.

A completed questionnaire was received from WHO-Russia.

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