Serbia

Last updated on: 30 August 2012

Criminalisation of HIV transmission/exposure

Serbia
Whether Specific law enacted: 
Yes
Number of people prosecuted: 
1
Number of people convicted: 
NA
Applicable law: 

Article 250 of the Serbian Criminal Code specifically criminalises the transmission of HIV but other unspecified "general' laws for the protection of citizens may also apply.

Key wording in the law: 

Unofficial English Translation:

Criminal Law - Transmission of HIV infection - article 250.

1. He who consciously places another person at risk of infection with the HIV virus will be punished with a prison sentence up to 2 years.

2. He who consciously does not follow the rules and regulations of HIV prevention, and by whose actions unintentionally transmits the HIV virus to another person will be punished with a prison sentence from 1 to 5 years.

3. If someone is aware of his HIV positive status and consciously transmits the HIV virus to another person he will be punished with a prison sentence from 2 to 12 years.

4. If an act arose from sub-paragraph 3 above and resulted in lethal consequences, the perpetrator will be punished with a prison sentence from 5 to 15 years.

5. If an act arose from both sub-paragraphs 3 and 4 of this article is committed with negligence, the perpetrator will be punished for:

o Breach of sub-paragraph 3 with a prison sentence up to 3 years,

o Breach of sub-paragraph 4 with a prison sentence from 6 months to 5 years.

Survey respondents/Organisations working on HIV and the Law: 

Joint United Nations Programme on HIV/AIDS (UNAIDS) Focal Point

Serbia Q Club

Youth of JAZAS

Other laws and policies with an impact on responses to HIV

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

There are no specific entry or residence regulations for people with HIV/AIDS. No HIV test result is required when entering the country. A known HIV infection will not lead to deportation or the termination of a person's stay. 

Antiretroviral medication for personal use can be carried. It is recommended to carry the original packaging and a doctor’s prescription, ideally translated to Serbian.

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