Slovakia

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EATG seeks to ensure that Europe-wide standards of up-to-date scientific evidence limit overly broad HIV criminalisation

28 Oct 2013
EATG’s new position paper on prosecutions for HIV non-disclosure, exposure and/or transmission published last week recommends that the criminal law should only be used in extremely rare and unusual cases where HIV is maliciously and intentionally transmitted and that Europe-wide … More

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

Laws

Applicable laws

Sections 165 and 166 of the Slovak Criminal Code.

Applicable key wording

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.

We are 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).

Last reviewed 01 June 2017

Last reviewed 01 June 2017

Last reviewed 01 June 2017