Iraq

Iraq does not have any HIV-specific laws, and there have been no known HIV-related prosecutions in Iraq. However, there are provisions within its Penal Code that prohibit the spread of communicable diseases generally.

Article 368 of the Penal Code criminalises ‘wilful acts that cause transmission of a dangerous disease that endangers the lives of others’. The penalty for this offence is up to three years imprisonment. If death results, the offence is classified as assault leading to death, which under Article 410 carries a penalty of up to fifteen years’ imprisonment, or in certain circumstances including where the act was premeditated, up to twenty years. Where ‘permanent disability’ occurs as a result of transmission the penalty is increased to that under Article 412, which is imprisonment not exceeding fifteen years where there was intent to cause permanent disability, or up to seven years’ imprisonment where there was no intent.

Article 369 punishes the accidental spread of a ‘dangerous disease that endangers the lives of others’ with a penalty of up to one year imprisonment or a fine of up to 100 Dinars. As with Article 368, the penalty is increased where death or permanent disability occurs; the possible penalties are detention or a fine (Article 411), and up to six months’ imprisonment and a fine (Article 416), respectively.