Overview
There is no HIV-specific law in Bulgaria, however the Penal Code includes a provision criminalising the transmission of and ‘exposure’ to ‘venereal diseases’.
Article 135 includes several sections criminalising intentional transmission, negligent transmission, ‘exposure’, and failure to adhere to treatment for ‘venereal diseases’. The penalties provided under the law are up to three years’ imprisonment and a fine (enhanced to up to five years where involving minors or multiple people), up to one year and a fine, up to six months’ and a fine, and a fine (or up to six months’ imprisonment for second offences), respectively. The law does not name prosecutable diseases, however HIV is known to be included. According to AIDS Action Europe’s 2023 report, HIV Criminalisation in the EU, ‘exposure’ will not be found to have occurred where the person has an undetectable viral load.
AIDS Action Europe states that there were 13 pre-trial proceedings initiated between 2012-2022 under the law, however only one case was presented in court in 2015, resulting in a sentence being imposed. The details of the case are not known and it is not clear whether these cases relate to HIV or other communicable diseases.
Laws
Bulgarian Penal Code
Article 135
(1) (Amended, SG No. 10/1993, SG No. 62/1997) A person who, while knowing that he or she is suffering from venereal disease, infects another with the same disease, shall be punished by imprisonment for up to three years and by a fine of up to BGN 200.
(2) (Amended, SG No. 10/1993, SG No. 62/1997) If in the cases of the preceding paragraph those infected are minors under 16 years of age or more than two persons, the punishment shall be imprisonment for up to five years or a fine of up to BGN 500.
(3) (Amended, SG No. 10/1993, SG No. 62/1997) A person who, while knowing that he or she is suffering from venereal disease, infects another through negligence with the same disease, shall be punished by deprivation of liberty for up to one year or a fine of up to BGN 200.
(4) (Amended, SG No. 10/1993, SG No. 62/1997) A person who through sexual intercourse or in another manner puts another person in danger of being infected with venereal disease, shall be punished by imprisonment for up to six months or by a fine of up to BGN 200.
(5) (Supplemented, SG No. 28/1982, amended, SG No. 10/1993, SG No. 62/1997) A person suffering from venereal disease, who refuses to be treated or evades regular obligatory treatment, shall be punished by a fine of up to BGN 300, imposed administratively.
(6) If the act under the preceding paragraph has been committed for a second time, the punishment shall be imprisonment for up to six months.
HIV Justice Network's Positive Destinations
Visit the Bulgaria page on Positive Destinations for information on regulations that restrict entry, stay, and residency based on HIV-positive status, as well as access to HIV treatment for non-nationals.