Criminal law

Legal basis

In Germany, there is no special law that makes the transmission of HIV a punishable offence. Judgment is made in accordance with Sections 223 and 224 of the Criminal Code. Conditional intentional or negligent transmission of HIV is heavy bodily injury according to the Criminal Code.

Unprotected sex that carries no infection, is considered attempted bodily injury and is also punishable.

Accordingly, people with HIV have to take the necessary measures to protect their partners. The obligation is considered satisfied when the rules for safer sex are followed. There is then no threat of criminal consequences – not even when an infection is transmitted regardless, because the condom broke or slipped, for example. If the sexual-partner knows and agrees to the risk, the criminal offense is also ruled out.

Beware: unprotected sex between an HIV-positive person and an HIV-negative person is generally punishable in several other countries – even when the HIV-negative person, knowing about the infection, expressly foregoes the use of protection (in Austria, for example).