Last updated on: 30 August 2012

Criminalisation of HIV transmission/exposure

Whether Specific law enacted: 
Number of people prosecuted: 
Number of people convicted: 
Applicable law: 

Article 239 (Transmission of Venereal Disease) of the Croatian Criminal Code applies (official statement by the Public Attorney Office)

Key wording in the law: 

Article 239: Transmission of Venereal Diseases

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.

Survey respondents/Organisations working on HIV and the Law: 

United Nations Theme Group on HIV/AIDS, United Nations Development Programme, Zagreb, CROATIA. 

Further reading: 

The UN Theme Group on HIV/AIDS published an analysis of Croatian legislation in 2006 in respect of HIV/AIDS with the assistance of legal experts. Part of that publication deals with intentional HIV transmission and issues of criminal prosecutions. In 2007 they assigned a National Consultant for HIV/AIDS and Human Rights who monitors the issue of criminalisation of HIV transmission. The UNAIDS Theme Group Analysis of HIV and Croatian Legislation can be found here:

Other laws and policies with an impact on responses to HIV

Laws and regulations relating to entry, stay or residence in the country: 

No HIV test is required when entering Croatia. 

If a person is diagnosed with HIV during his/her stay in Croatia, this has no effect on his/her stay in Croatia. Furthermore, the concerned person cannot be deported. 

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Laws relating to same sex, sexual relations: 

Male to Male relationships: Legal

Punishments for male to male relationships:  No law

Female to Female Relationships: Legal

Age of consent:  Equal for heterosexuals and homosexuals

Marriage and Substitutes for Marriage: Inferior substitute but nationally recognized

For updated information, please go to: