Slovakia

Last updated on: 4 April 2015

Criminalisation of HIV transmission/exposure

Slovakia
Whether Specific law enacted: 
Yes
Number of people prosecuted: 
4
Number of people convicted: 
3
Applicable law: 

Sections 165 and 166 of the Slovak Criminal Code.

Key wording in the law: 

Unofficial English Language Translation:

§ 165 Threatening by a virus of human immunodeficiency.

(1)Any person who intentionally draws another person in danger of infection of human immunodeficiency virus, shall be punished from three years to ten years of imprisonment.

(2)The offender shall be punished from seven years to twelve years of imprisonment, when they intentionally commit an offence stated in para. 1, a) by serious manner or b) on protected person.
(3)The offender shall be punished from ten years to fifteen years of imprisonment, when they commit an offence stated in para. 1 and cause serious bodily harm or death.

§ 166 - Negligence

(1) Any person who in negligence draws another person in danger of infection of human immunodeficiency virus, shall be punished from one year to five years of imprisonment.

(2)The offender shall be punished from three years to eight years of imprisonment, when they negligently commit an offence stated in para. 1 a) by serious manner or b) on protected person.
(3) The offender shall be punished from four years to ten years of imprisonment, when they commit an offence stated in para. 1 and cause serious bodily harm or death.

Discussion: 

Although the above sections of the Criminal Code came into force on 1 January 2006 it is not known if any prosecutions or convictions have arisen since.

UPDATE: As of April 2015 we are now aware that there have been 3 prosecutions since the 2006 law came into place. Two prosecutions of women (who were alleged to be sex workers) resulting in convictions in 2014, and one prosecution (of a a man) has not yet finished. 

We are also aware that a conviction was secured in 1999 using a pre-existing law (Section 226 of the Criminal Code) although our respondent was unable to give precise details.

The transmission of other sexually transmitted infections is prosecuted under the Section 167 of Criminal Code (Threatening by a venereal disease).

Survey respondents/Organisations working on HIV and the Law: 

Ministry of Justice of Slovak Republic

Other laws and policies with an impact on responses to HIV

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

The stay of people with HIV/AIDS on short-term visits to Slovakia (up to 3 months) is not regulated by any legal measures. Neither a medical certificate nor an HIV test result is required when entering the country. According to the Embassy, people with HIV are recommended to carry a doctor’s certificate declaring the HIV-positive status.

Foreigners applying for a residence permit in Slovakia are required to present a certificate stating that the applicant is not suffering from a communicable disease. A residency permit will not be granted to persons with HIV/AIDS.

Antiretroviral medication can be imported for personal use. A doctor’s certificate needs to be carried.

The residency restrictions do not apply to EU citizens.

A health certificate is required when applying for a work permit. The certificate includes HIV, hepatitis, syphilis and other STDs. In some cases, applications of people who tested positive were denied.

People who want to stay in Slovakia for more than three months without working have the possibility to leave the country for a couple of days after 3 months. When re-entering, the 3-month visa will again be granted.

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