The Criminal Code of Montenegro contains some provisions regulating communicable diseases, but following recent amendments there are now no HIV-specific provisions.
Article 289, repealed in 2018, formerly regulated those living with HIV. Specifically, it criminalised perceived ‘exposure’ with a penalty of up to two years’ imprisonment, negligent transmission through the failure to follow regulations with one to five years’ imprisonment, and intentional transmission with two to twelve years in prison. If death occurred the penalties were increased up to a maximum of fifteen years’ imprisonment.
The Criminal Code retains provisions that criminalise the violation of regulations, decisions, orders or instructions for the suppression or prevention of “dangerous communicable diseases”. These provisions carry penalties of a fine or up to one year’s imprisonment (Article 287), or up to three years where transmission takes place (Article 288).
Additionally, Article 151 prohibits serious bodily injury, including “permanent and serious impairment of […] health”, which carries a penalty of one to eight years’ imprisonment, increased to two to twelve years in the case of death. Where the injury is caused through negligence, the penalty is up to three years’ imprisonment.
To our knowledge, there were no prosecutions under Article 289 while it was in force, and there have been no prosecutions under other provisions.
Criminal Code of Montenegro (2003, amended 2018)
Criminal Code of Montenegro Official Gazette of the Republic Montenegro 70/2003, 13/2004, 47/2006 and Official Gazette of Montenegro 40/2008, 25/2010, 32/2011, 64/2011, 40/2013, 56/2013, 14/2015, 42/2015, 58/2015, 44/2017 and 49/2018
TITLE TWENTY-FOUR CRIMINAL OFFENCES AGAINST HUMAN HEALTH Non-compliance with Health Regulations Aimed at Suppressing Dangerous Communicable Diseases
Article 287 Whoever does not comply with regulations, decisions, orders or instructions ordering measures for the suppression or prevention of a dangerous communicable disease shall be punished by a fine or a prison sentence for a term not exceeding one year. Spreading Dangerous Communicable Diseases
Article 288 Whoever does not comply with regulations, decisions, orders or instructions for the suppression or prevention of a dangerous communicable disease due to which the disease concerned is spread shall be punished by a prison sentence for a term not exceeding three years.
HIV Transmission Article 289 – Deleted
SPECIAL PART TITLE FOURTEEN CRIMINAL OFFENCES AGAINST LIFE AND LIMB
Serious Bodily Injury
Article 151 (1) Whoever inflicts a serious bodily injury upon another person or who seriously impairs his health shall be punished by a prison sentence for a term from six months to five years. (2) Whoever inflicts a serious bodily injury upon other person or impairs his health so seriously that the injured person’s life is endangered thereby or that any vital part of his body gets destroyed or permanently or considerably damaged or weakened, or that the injured person’s permanent inability to work or permanent and serious impairment of his health or deformation is caused shall be punished by a prison sentence for a term from one to eight years. (3) Where the offence set forth in paragraphs 1 and 2 of this Article results in the death of the injured person, the perpetrator shall be punished by a prison sentence for a term from two to twelve years. (4) Whoever commits the offence set forth in paragraphs 1 and 2 of this Article through negligence, shall be punished by a prison sentence for a term not exceeding three years