THT
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
Home Introduction Research aims Methodology Results People profile Other issues Steps forward Country data Survey questionnaire Comment Download report GNP + Europe Terrence Higgins Trust

Czech Republic

Estimated number of people living with HIV: 2,500
Number of people prosecuted for HIV transmission: 3
Number of people convicted for HIV transmission: 2

Applicable law: Paragraphs 189, 190 of the Penal Code.

Key wording in the law:

The Penal Code:

The intentional transmission of diseases that are included in the list (about 20 diseases) can be prosecuted up to 3 years in prison. Who did it because of omission of his/her duty can be sentenced up to one year or financial charge.

Discussion:

From the responses received, it appears three people have been prosecuted for transmitting HIV in the Czech Republic. Of these, two have been convicted. The one prosecution that did not lead to a conviction was brought in 1989 using a different law (intentional physical harm). It is unclear whether that particular prosecution failed because the law invoked was inappropriate, or whether it failed for other reasons. The first use of paragraphs 189 and 190 was in 2003.

The two people convicted were male and transmission occurred through homosexual sex. Both were Czech nationals; at the time of prosecution, one was unemployed and the other was a health care worker.

Only actual transmission of HIV to another person is subject to prosecution. Maximum sentence applicable is three years’ imprisonment.

Transmission of other infectious infections is subject to prosecution under the same laws. Syphilis and gonorrhoea can also be prosecuted under a different law.

Completed questionnaires were received from the Czech AIDS Help Society and the Ministry of Health.

< < < Cyprus

Return to country list

Denmark > > >

Responsibility for the accuracy and interpretation of the data rests with THT and GNP+ Europe. If you would like to provide further information for updates for this survey or make comments please go to comments.

You are free to circulate / disseminate / reproduce this information as long as the source of the original is quoted.