Section 3: Useful case law and guidance (international) (Lawyers’ Resource Kit)

This is Section 3 of Responding to the Criminalization of HIV Transmission or Exposure: Resources for lawyers and advocates. Access the full kit at

The context of criminal prosecutions related to HIV varies widely from jurisdiction to jurisdiction. This section highlights some important and useful case law internationally, guidelines for prosecutors which limit the pursuit of such cases as well as relevant guidance for judges on HIV, Human Rights and the Law.

For more information about legal developments internationally, see the HIV Justice Network website.

Court Decisions:

Note: Further appeal dismissed on other grounds, Tribunal Fédéral, Arrêt du 30 juin 2009, 6B_260.

Prosecutorial guidelines

England & Wales


Handbook for judges

Guidance for prosecutors

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