Portugal: Court of appeal confirms sentence of three and half years in jail for alleged HIV transmission

Appeal lost

Appeal court decision related to the first case of HIV Criminalisation in Portugal (1998)

Source: HIV Criminalisation in the EU/EEA - A comparative 10 country report

In that case, it was considered proven that the defendant (i) was aware of his HIV status, (ii) intentionally wanted to transmit the virus to others and that (iii) he succeeded in transmitting HIV to some of his partners. In this case, the Court of Appeal confirmed the first instance court decision that all the requirements of article 283 of the Portuguese criminal code, which mentions the penalties for spreading contagious/infectious diseases, were fulfilled and the defendant was considered guilty and sentenced to three and half years in jail. (process no. 989/00 from 03/10/2000)