Overview
Moldova criminalises HIV ‘exposure’ and transmission, including by professional negligence, under its Criminal Code.
Article 212, erroneously titled ‘Infection with AIDS’, makes it an offence to ‘knowingly put another at risk’ of transmission (exposure), to transmit HIV while knowingly living with HIV, or to transmit HIV through improper performance of professional duties. The penalties provided are imprisonment for up to one year, one to five years (enhanced to three to eight years where against multiple people or a minor), and up to five years with a professional ban, respectively. The law includes an exemption to liability for ‘exposure’ or transmission where the other party was aware of the HIV status of their partner and consented to the act. These sentences are significantly higher than for comparable offences relating to transmission of other diseases under Article 211.
Both exposure and transmission of HIV are subject to prosecution as long as the person living with HIV is aware of their diagnosis, or has reason to believe they could have HIV, and their behaviour could result in HIV transmission.
Moldova’s HIV prevention law, enacted in 2002, also establishes criminal liability for people living with HIV who are aware of their status and who ‘put another person at risk’ of HIV transmission, essentially prohibiting ‘exposure’. In 2007, Moldova updated its HIV-specific law to clarify that Article 29 is to be prosecuted under Article 212 of the Criminal Code.
At least five people have been charged under Article 212, with the most recent case identified in June 2017. Three of these cases were based on alleged non-disclosure and one case, in 2015, was about a person living with HIV ‘intentionally pricking’ a nurse with a needle. In a case in 2011, a female prison inmate who was living with HIV was sentenced to an additional four years and eight months after biting a prison guard during an altercation.
In addition, Transnistria – a breakaway state internationally recognised as part of Moldova – has its own HIV-specific criminal law. Under Article 119 of its Criminal Code, HIV exposure or transmission are punishable by up to five years’ imprisonment. Disclosure of HIV and consent from the HIV-negative partner can constitute a defence against criminal liability. We are not aware of any HIV criminalisation cases in Transnistria to date.
Laws
Criminal Code of Moldova
Chapter VIII – Crimes against Public Health
Article 211. Infection with a venereal disease
(1) Infection of another person with a venereal disease by a person who knew that they had this disease is punishable by a fine in the amount of 500 to 850 conventional units, or unpaid labour for the benefit of the community for a period of 120 to 200 hours, or imprisonment for up to 1 year. [Art. 211 h. (1) amended by ZP207 dated 07.29.16, MO369-378 / 28.10.16 Article 751; in force from 11/7/16 ]
(2) The same action committed:
(a) in respect of two or more persons;
(b) in relation to an obviously minor,
shall be punished by a fine in the amount of from 550 to 1050 conventional units, or by unpaid labour in favor of the company for a period of 180 to 240 hours, or imprisonment for a period of up to 2 years. [Art. 211 h. (2) amended by ZP207 dated 07.29.16, MO369-378 / 28.10.16 Article 751; in force from 11/7/16
Criminal Code of Moldova
Chapter VIII – Crimes against Public Health
Article 212. Infection with AIDS (sic)
(1) Knowingly putting another person at risk of contracting AIDS disease is punishable by deprivation of liberty for a term of up to 1 year.
(2) Infection of another person with AIDS by a person who knew that he had this disease shall be punishable by imprisonment for a term of 1 year to 5 years.
(3) The action provided for in paragraph (2), committed:
(a) in respect of two or more persons;
(b) in relation to a known minor;
shall be punishable by deprivation of liberty for a term of 3 to 8 years.
(4) Infection of another person with AIDS as a result of failure or improper performance by a medical professional of his professional duties the applicable sentence is deprivation of liberty for a term of up to 5 years, with the deprivation of the right to occupy certain positions or engage in certain activities for a term of up to 3 years.
(5) A person who has committed the acts provided for in paragraphs (1) or (2) shall not be criminally liable if he has informed the person at risk of infection in advance that he has AIDS or if the person at risk of infection knew about the presence of this disease, but voluntarily committed actions that created the danger of infection.
Law of the Republic of Moldova on HIV/AIDS prevention. 16/02/2007
Chapter VII – Legal Assistance for persons with HIV Positive Status and Responsibility
Article 29. Responsibility of persons with HIV-positive status
(1) Persons with HIV-positive status should contribute to maintaining their own health and preventing the transmission of HIV infection with a responsible and safe behavior .
(2) A person who is aware of his HIV infection and who deliberately puts another person at risk of infection shall be held criminally liable in accordance with applicable law.
Legislation of Transnistria - Criminal Code
Article 119 “Infection with HIV”:
Part 1. Knowingly placing another person at risk of contracting HIV – is punished by imprisonment for up to 1 year.
Part 2. Infection of another person with HIV by a person who knew about the presence of this disease – is punished by imprisonment for a term of up to five years.
Part 3. The action envisaged in part 2 of this article committed against two or more persons, or against a knowingly minor – is punished by imprisonment for a term of 3 to 8 years.
Part 4. Infection of another person with due to improper performance by a person of their professional duties – is punished by imprisonment for a term of up to 5 years with deprivation of the right to occupy particular positions or engage in particular activities for a term of up to 3 years.
Note. A person who committed acts specified in parts 1 or 2 of this article shall be exempted from criminal liability if the person who placed at risk of infection or infected with HIV was timely warned about the disease and voluntarily consented to the actions that created danger of exposure
Further resources
Authors: Eurasian Women’s Network on AIDS (EWNA)
Regional HIV criminalisation report that summarises the state of play regarding HIV criminalisation laws and known prosecutions in the EECA region.
Authors: Eurasian Women’s Network on AIDS (EWNA)
Regional HIV criminalisation report that summarises the law and prosecution data in each country in the EECA region.
Acknowledgements
Our thanks to Australian law firm Hall & Wilcox for their research assistance to confirm current relevant legislation.
