Articles 40, 43, 61, 582, 583 & 589 of the Italian Penal Code Articles 2043, 2059 of the Italian Civil Code
Art. 583 Codice penale [C.p] (It.) (bodily harm is aggravated if it results in an illness that endangers the life of the other party or the harm causes a permanent weakening of a sense or a bodily organ; prison term is three to seven years).
Italy uses bodily harm, aggravated bodily harm and culpable homicide laws to prosecute both HIV exposure and transmission. Case law has established that non-disclosure before unprotected sex is considered to be dolus eventualis (indirect intention) – which is more or less equivalent to the standard of culpability characterised as “recklessness” in common law systems.
No precise information is available about the numbers of people prosecuted for transmitting HIV. Statistical data relating specifically to HIV prosecutions is not kept separate from the data of other crimes that are punishable using the same laws. Nevertheless, at the time of the last update the Italian League for Fighting AIDS (LILA) was aware of at least 10 convictions.
Of the 10 known convictions, the following sentences were recorded:
Nationality of those convicted - 9 Italian and 1 Senegalese
Our respondent for 2012, Associazione Nazionale per la Lotta contro l'AIDS (Anlaids), has found two further cases.
Corte di cassazione SEZIONE V PENALE Sentenza 17 dicembre 2008 - 26 marzo 2009, n. 13388
Cribunale di Varese - Sentenza in data 23 febbraio 2010
first step of a trial for a heterosexual transmission
Hiv, l’arrestato si difende: Il mio compagno non era all’oscuro - HIV, arrested person defends himself.
The case (from a media report below) seemed to center on whether the complainant knew the HIV status of the person being prosecuted , or not.
Sassari, trasmette l’Aids al fidanzato: arrestato- Sassari, transmit AIDS to boyfriend : arrested
A 34-year old from Ozieri presented a complaint to the police that a the former partner had hidden the fact that they were HIV+. He accused them of serious bodily harm
There are no specific entry or residence regulations for people with HIV/AIDS. Foreigners with a known HIV infection are not subject to specific residence regulations.
A medical examination is required for those who want to work in certain professions, for example in a medical profession. The privacy of personal data is respected.
For updated information, please go to: www.hivrestrictions.org
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