Overview
There is no law in San Marino directly criminalising HIV ‘exposure’, non-disclosure or transmission.
Although we are not aware of any cases of the general criminal law being used to prosecute HIV cases, the Penal Code contains two provisions criminalising the infliction of personal injury that result in ‘illness’. Article 156 outlines aggravated events in this context, which includes injuries resulting in incurable diseases or those lasting for more than 60 days. Imprisonment for up to three years applies in these cases.
Article 257 of the Penal Code contains a public health provision which makes it an offence, punishable with professional disqualification and a fine, for a medical professional to fail to abide by the requirement to report the disease status of someone in their care.
Laws
Penal Code
Article 155. Personal injury
Whoever causes illness of body or mind to others shall be punished by imprisonment of not more than the second degree.
When the offender has made use of a weapon, offensive means or other insidious, venomous or corrosive means, imprisonment not exceeding the third degree shall apply.
If the injury is healed within ten days, the offender shall be prosecuted on complaint.
Article 156. Aggravating events
In the event of an injury resulting in abortion, danger to life, a disease lasting more than 60 days or an incurable disease, permanent disfigurement of the face, loss or considerable impairment of a sense, organ or its functionality, or loss of the ability to procreate, imprisonment and third-degree disqualification shall apply.
Penal Code
Article 257. Failure to report serious mental illness or epidemic disease
It shall be punishable by disqualification in the first degree and a fine of days in the second degree, the practitioner of a health profession who fails to observe the obligation to report to the health authority the contagious disease or mental infirmity by which the person under his care is afflicted and which makes him dangerous to himself or others.
HIV Justice Network's Positive Destinations
Visit the San Marino 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.