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Criminalisation of HIV transmission in Europe

A rapid scan of the laws and rates of prosecution for HIV transmission within signatory States of the European Convention of Human Rights
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Croatia

Estimated number of people living with HIV: Less than 200
Number of people prosecuted for HIV transmission: 0
Number of people convicted for HIV transmission: 0

Applicable law:
Article 99 of the Criminal Law; ‘Aggravated Bodily Injury’
Article 239 of the Criminal Law ‘Transmission of Venereal Diseases’

Key wording in the law:

The Article 99: Aggravated Bodily Injury

(1) ‘Whoever inflicts a serious bodily injury on another or severely impairs a person’s health shall be punished by imprisonment for three months to three years’.
(2) If bodily injury is inflicted on a person, or if a person’s health is impaired so severely that the life of the injured person is endangered, or if an important part of the person’s body or an important organ of the person is permanently weakened to a significant degree or destroyed, or if permanent work disability is caused to the injured person, or if permanent and severe damage to his health or permanent disfigurement is caused, the perpetrator shall be punished by imprisonment for six months to eight years.
(3) If the injured person dies due to the serious bodily injury, the perpetrator shall be punished by imprisonment for one to ten years.

The Article 239: Transmission of Venereal Diseases

(1) ‘Whoever, knowing that he is infected with a venereal disease, communicates the same to another through sexual intercourse or an equivalent sexual act, if at the same time the criminal offence of aggravated bodily injury is not committed, shall be punished by a fine or imprisonment not exceeding one year.’

Discussion:

From the responses received, it appears there have been no prosecutions for the transmission of HIV in Croatia. However, the Ministry of Justice indicated that either of the laws above could be used to bring a prosecution. The striking difference between the two pieces of legislation is the disparity in the penalties imposed. Under Article 99, punishment can be up to ten years’ imprisonment, whereas the maximum term of imprisonment under Article 239 is one year.

Only actual transmission of HIV to another person is subject to prosecution.

Transmission of other sexually transmitted infections is subject to prosecution under the same laws.

Completed questionnaires were received from the Ministry of Justice and UNAIDS Sub-regional Focal Point.

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