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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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Slovakia

Estimated number of people living with HIV: Less than 200
Number of people prosecuted for HIV transmission: Information not available
Number of people convicted for HIV transmission: 1

Applicable law: Section 226 or the Penal Code

Key wording in the law:

Article 226: Threatening by a venereal disease or by a virus of human immunodeficiency.

1) Any person who draws another person, notwithstanding that in negligence, in a danger of venereal disease or a human immunodeficiency virus, shall be liable to a term of imprisonment not exceeding three years or to a pecuniary penalty.
2) The offender shall be liable to a term of imprisonment of one to eight years, if he through the commission of the offence referred to in paragraph 1 draw another person in a danger of death

Discussion:

From the responses received, it appears that no precise information was available on the number of people prosecuted for transmitting HIV in Slovakia. However, one person has been convicted, in 1999. The Ministry of Justice did not provide any further details of the person convicted.

It appears that putting another person at the risk of HIV infection is also subject to prosecution. The maximum sentence applicable is eight years.

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

Completed questionnaires were received from the Ministry of Health and the Ministry of Justice.

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