Overview
Romania passed an HIV-specific criminal law in 2014 that punishes attempted (i.e. ‘HIV exposure’) or alleged HIV transmission “by any means” with imprisonment of 3-10 years for someone who is living with HIV, and 5-12 years for someone who is not themselves living with HIV. These sentences are increased to 7-15 years if the transmission results in death. Lower sentences are incurred in cases of negligence or recklessness. In contrast, transmission of other STIs can result in a fine and/or a prison sentence ranging between six months and three years.
We are aware of at least seven HIV cases in Romania. The first known case in 2012 resulted in a 14-year sentence for alleged intentional HIV transmission. In the most recent case in 2022, a man living with HIV allegedly bit a police officer during an arrest and was sentence to three years’ imprisonment.
Laws
Penal Code
Art. 358
Transmission of acquired immunodeficiency syndrome
(1) The transmission, by any means, of HIV by a person who knows that she/he suffers from this disease is punished by imprisonment from 3 to 10 years.
(2) The transmission, by any means, of HIV by a person other than the one provided in par. (1) is punished by imprisonment from 5 to 12 years.
(3) If by the facts provided in par. (1) and para. (2) the death of the victim occurred, the punishment is imprisonment from 7 to 15 years.
(4) When the deed provided in par. (2) was committed, the punishment is the imprisonment from 6 months to 3 years, and if it caused the death of the victim, the punishment is the imprisonment from 2 to 7 years.
(5) Attempt to the offenses provided in par. (1) and para. (2) shall be punished.
Penal Code
Art. 357
The transmission of a venereal disease, by sexual intercourse or other sexual acts, by a person who knows that he suffers from such a disease, is punished by imprisonment from 6 months to 3 years or with a fine.
Acknowledgements
Our thanks to Nicoleta Dascalu at ARAS for her research assistance in confirming current relevant legislation.
