The former Yugoslav Republic of Macedonia

Last updated on: 29 June 2012

Criminalisation of HIV transmission/exposure

The former Yugoslav Republic of Macedonia
Whether Specific law enacted: 
-
Number of people prosecuted: 
-
Number of people convicted: 
-
Applicable law: 

We are not aware of any specific law or provision that mentions HIV that has led to the prosecution or conviction of an individual for exposing someone to or for transmitting HIV.  However, Section 21 of the penal code of the Former Yugoslav Republic of Macedonia (which deals with Crimes Against Human Health) does contain Article 205 (Transmission of Infectious Diseases) that may be used, at least in theory, to launch a criminal prosecution.

This is not an HIV-specific law.

Both exposure and transmission are subject to prosecution.

Punishable sentences range from a fine through to 10 years imprisonment. 

Key wording in the law: 

21.     CRIMES AGAINST HUMAN HEALTH

Transmitting an infectious disease

Article 205

(1)     A person who by violating regulations or orders with which a responsible agency determines check-ups, disinfection, separation of the diseased, or some other measures for wiping out or preventing infectious diseases among people, or by employment or by keeping a person with an infectious disease, by performing a sexual activity or in some other way, causes a transmission of an infectious disease, shall be punished with a fine, or with imprisonment of up to three years.

(2)     The punishment from item 1 shall also apply for a person who does not act according to the regulations or orders from the previous item, in regard to the wiping out or prevention of infectious diseases among animals, which could be transmitted to people and herewith cause a transmission of an infectious disease.

(3)     If an incurable infectious disease was transmitted as a consequence of the crime from item 1, the offender shall be punished with imprisonment of one to ten years.

(4)     The attempt of the crime stipulated in paragraph 1 of this article for transmission of an infectious disease person is punishable.

(5)     The person who will endanger the security of other people with false threat of transmitting or spreading false argument of existence of such infectious disease shall be punished with the fine or imprisonment up to six months.

(6)     A person who commits the crime from items 1 and 2 from negligence shall be punished with a fine, or with imprisonment of up to six months.

Discussion: 

In 2000, a legal opinion prepared on behalf of UNICEF showed that there are no laws that specifically mention HIV and AIDS and we have no reason to believe that the situation has changed since that time.

Transmission of other sexually transmitted infections is subject to prosecution.

Survey respondents/Organisations working on HIV and the Law: 

UNAIDS Focal Point (Office of the UN Resident Coordinator - Macedonia).

 

Other laws and policies with an impact on responses to HIV

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

No medical certificate is required when entering the country. The duration or the purpose of the stay are not relevant in this matter. Foreigners with HIV and AIDS are not subject to specific residence regulations. 

For updated information, please go to: www.hivrestrictions.org

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: No law

For updated information, please go to: http://ilga.org