Latvia

Latvia has two criminal offences that specifically mention HIV, along with hepatitis B and C. The first, Article 133 of the Criminal Law, criminalises ‘deliberate’ infection with HIV or hepatitis B or C with a maximum prison term of five years. The law does not appear to treat HIV differently from hepatitis B and C, nor from ‘deliberate infection’ with ‘dangerous infectious agents’ which is also subject to the same maximum penalty under Article 133.1. However, ‘deliberate’ infection with other STIs, which is criminalised under Article 134, carries a lower penalty; the maximum is a temporary deprivation of liberty or a fine, unless the victim is a minor, in which case the maximum prison term is one year.

Article 9 of the Criminal Law outlines when actions are considered ‘deliberate’, stating that they can occur by direct or indirect intent:

• • Direct intent – “if the person has been aware of the harm caused by his or her act or failure to act and has knowingly committed or allowed it or also been aware of the harm caused by his or her act or failure to act, foreseen the harmful consequences of the offence and has desired them.”
  • Indirect intent – “if the person has been aware of the harm caused by his or her act or failure to act, foreseen the harmful consequences of the offence and, although has not desired such consequences, has knowingly allowed them to result.”

A second criminal offence under Article 138 specifically mentions HIV. This provision penalises medical practitioners for medical negligence with greater penalties for negligence leading to infection with HIV, hepatitis B and C or death (up to five years in prison) compared to other ‘serious or moderate injury’.

There have been no successful HIV-related prosecutions in Latvia to date, although criminal proceedings have been initiated without reaching trial.

In its 2023 report, HIV Criminalisation in the EU, AIDS Action Europe notes that people living with HIV who register with the Latvian Infectology Centre to access antiretroviral medication are asked to sign a document in which they agree to disclose their HIV status to partners. However, failure to abide by this agreement should not result in criminal charges.