Serbia and Montenegro

Estimated number of people living with HIV:	10,000
Number of people prosecuted for HIV transmission:	0
Number of people convicted for HIV transmission:	0

Applicable law: Criminal Code or Serbia

Key wording in the law:

(This wording provided by Zdravlje)

‘…If someone disseminated HIV (or any other infective disease) by intention (not informing partner about his/her HIV status)… will be punished with the prison, from 5 to 10 years.’

Article 122a: Transmission of especially danger illness

One who knowingly that he/she is infected by especially danger illness, transmit the illness to another who didn’t know about his/her illness, would be punished from six month to five years imprisonment.

Discussion:

From the responses received, it appears no one has been prosecuted for transmitting HIV in Serbia and Montenegro. The two organisations that responded each cited a different Act as being the applicable law. In either case, only actual transmission of HIV to another person is punishable. The maximum sentence applicable is either five or ten years’ imprisonment.

Transmission of other sexually transmitted infections is also subject to prosecution.

Completed questionnaires were received from the UNAIDS Secretariat in Belgrade and from Zdravlje.

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