Georgia

Last updated on: 6 July 2012

Criminalisation of HIV transmission/exposure

Georgia
Whether Specific law enacted: 
Yes
Number of people prosecuted: 
2
Number of people convicted: 
2
Applicable law: 

The Criminal Code of Georgia, Special Part, Section Seven Chapter XXI. Exposing Life or Health of Human Being to Danger Article 131. AIDS Contraction

Key wording in the law: 

English Language Translation:

1. Running the risk of intentionally infecting the other person with AIDS shall be punishable by imprisonment for up to five years in length.

2. Infecting the other person with AIDS on purpose shall be punishable by imprisonment for the term not in excess of eight years.

3. Infecting the other person with AIDS through negligence in discharging one’s professional obligation: shall be punishable by imprisonment for the term not in excess of five years, by deprivation of the right to occupy a position or pursue a particular activity for up to three years in length.

4.The action referred to in Paragraphs 2 or 3 of this Article which is perpetrated:

a) against two or more persons;

b) against a pregnant woman or a minor at the previous knowledge of the criminal shall be punishable by imprisonment for up to ten years in length, by deprivation of the right to occupy a position or pursue a particular activity for up to three years in length.

Please use the link to view the original Georgian language wording of the Penal Code:

Discussion: 

From the responses received, the above laws were first introduced in 1995 and were subsequently updated in the year 2000.

Other sexually transmitted infections are prosecuted under separate legislation (Article 132 criminalises both the transmission of and exposure to highly dangerous infections).

Respondents informed us that 2 people have been prosecuted for transmission/exposure and both were convicted.  In both cases the individuals were men and in both cases transmission took place through heterosexual sex.  The length of their sentence is not known.

Survey respondents/Organisations working on HIV and the Law: 

Inclusive Foundation in collaboration with the Georgian Young Lawyers Association, Tbilisi, Georgia. Georgian Health and Social Projects Implementation Center.

The Georgian Health And Social Projects Implementation Center informs us that they work in the following areas:

 

  • Practical support to defendants: Counselling, Food.

  • Policy matters: Working on amendments of existing HIV/AIDS law with participation of all interested parties.

  • Campaigning: Advocacy (round table discussions, meetings, TV and radio programmes, distribution of IE materials), work with Ministries of Labour, Health and Social Issues, Internal Affairs and Justice for changing the legal and social environment.

Other laws and policies with an impact on responses to HIV

Laws and regulations relating to entry, stay or residence in the country: 

There are no restrictions on travel for HIV/AIDS positive tourist visitors to Georgia who plan to stay for 360 days or less.

There are no health checks for residency permit applicants in Georgia.  (The relevant law has been changed in 2010).

For updated information, please go to: www.hivrestrictions.org

Laws relating to same sex, sexual relations: 

Male to Male relationships: Legal

Punishments for male to male relationships:  No law

Female to Female Relationships: Legal

Age of consent:  Equal for heterosexuals and homosexuals

Marriage and Substitutes for Marriage: No law

For updated information, please go to: http://ilga.org