Serbia

Last reviewed 01 June 2017

Specific laws

Specific law enacted Yes

Specific law criminalising HIV non disclosure, exposure, or transmission: Yes

Prosecuted using non-HIV specific laws: No

Prosecuted using both specific and non specific laws: No

Is non-disclosure actionable: No

Is exposure actionable: No

Is transmission actionable: No

Prosecutions

Number of prosecutions 1

Laws

Applicable laws

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.

Applicable key wording

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.

Last reviewed 01 June 2017

Last reviewed 01 June 2017

Last reviewed 01 June 2017