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EATG seeks to ensure that Europe-wide standards of up-to-date scientific evidence limit overly broad HIV criminalisation

28 Oct 2013
EATG’s new position paper on prosecutions for HIV non-disclosure, exposure and/or transmission published last week recommends that the criminal law should only be used in extremely rare and unusual cases where HIV is maliciously and intentionally transmitted and that Europe-wide … More

Last reviewed 01 June 2017

Specific laws

Specific law enacted Yes

Specific law criminalising HIV non disclosure, exposure, or transmission: Yes

Prosecuted using non-HIV specific laws: No

Prosecuted using both specific and non specific laws: No

Is non-disclosure actionable: No

Is exposure actionable: No

Is transmission actionable: No


Applicable laws

Article 309, paragraph 2, of the Romanian Penal Code.

Applicable key wording

Unofficial English Translation provided by Sens Positive: “Transmission of a venereal disease by sexual intercourse, by sex between same-sex persons or acts of sexual perversion by a person who knows they suffer from such disease shall be punished with imprisonment for 1-5 years. Acquired immunodeficiency syndrome transmission - AIDS - by a person who knows they are suffering from this disease is punishable by imprisonment for 5-15 years. If the offense results in death of the victim, the punishment is imprisonment from 7 to 15 years."


According to an illuminating blog post by Sens Positive, Romania's "vague and meaningless" HIV-specific criminal statute was implemented on 1 October 2011. 

Further reading

Correspondence from individual(s) and organisation(s) who may be able to clarify the situation concerning the number of prosecutions, convictions and any further reading about HIV and the Romanian Penal Code is welcome. You can contact us using the link at the end of this page.

Last reviewed 01 June 2017

Last reviewed 01 June 2017

Last reviewed 01 June 2017