Last updated on: 30 August 2012

Criminalisation of HIV transmission/exposure

Whether Specific law enacted: 
Number of people prosecuted: 
Number of people convicted: 
Applicable law: 

Criminal Code 1997. Article 161 point 1

Key wording in the law: 

Unofficial English Translation:

Whoever, knowing that he or she is infected by the HIV virus directly exposes another person to infection from that disease shall be subject to penalty of deprivation of liberty for up to 3 years.

Original Polish Wording: Kto, wiedząc, że jest zarażony wirusem HIV, naraża bezpośrednio inną osobę na takie zarażenie, podlega karze pozbawienia wolności do lat 3.

Survey respondents/Organisations working on HIV and the Law: 

The National AIDS Centre, Warsaw, Poland

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 legal regulations restricting the entry of people with HIV/AIDS for short term stays.

HIV-testing is mandatory for longer stays (beyond 3 months), independent of purpose of stay. All pregnant women suspected to be infected and also children born from women suspected if being infected have to undergo testing. There are no controls at the border, and no certificates have to be presented. There are no regulations about the control or deportation of people with HIV. 

Antiretroviral medication can be imported for personal use (amounts corresponding to planned length of stay). 

There are specific regulations concerning refugees. Health questions and information on chronic diseases are part of the application procedure. Tests can be enforced in specific situations. HIV infection is not a ground for refusing an application. 

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