Overview
There is no HIV-specific criminal law in Lithuania, however a general disease provision under the Criminal Code creates the possibility for criminalisation for non-compliance with health orders.
Article 277 makes it an offence to violate regulations governing disease control. The diseases included in this provision are not stipulated, but would appear to be applicable to HIV, although we are not aware of any prosecutions of people living with HIV under this law.
Article 277(1) makes it an offence to violate the ‘requirements of the legal acts regulating health care or the regulations of control of contagious disease prevention’ where this results in the spread of a disease, and is punishable with up to three years’ imprisonment or a fine. Although the scope of this provision is unclear, it appears to apply to healthcare and disease prevention officials.
Article 277(2), however, applies to individuals living with diseases. It makes it an offence for someone who has been informed by a medical establishment of their disease status and of protective measures they must take to avoid transmission, to ‘expose’ another person to the risk of transmission of a ‘dangerous infectious disease’. This provision is a misdemeanour and can be punished by community service, fine, restriction of liberty, or arrest for up to 45 days.
Laws
Criminal Code
Article 277. Violation of the Regulations Governing Control of Epidemics or Contagious Diseases
- A person who violates requirements of the legal acts regulating health care or the regulations of control of contagious disease prevention, where this results in the spread of a disease or causes an epidemic, shall be punished by a fine or by arrest or by a custodial sentence for a term of up to three years.
- A person who, having been informed by a medical establishment about his illness and warned of the protective measures which he must observe while communicating with people, exposes another person to the danger of becoming infected with a dangerous infectious disease shall be considered to have committed a misdemeanour and shall be punished by community service or by a fine or by restriction of liberty or by arrest.
- A person shall be held liable under this Article only where the acts provided for are committed through negligence.
- A legal entity shall also be held liable for an act provided for in paragraph 1 of this Article.
HIV Justice Network's Positive Destinations
Visit the Lithuania page on Positive Destinations for information on regulations that restrict entry, stay, and residency based on HIV-positive status, as well as access to HIV treatment for non-nationals.