Slovenia does not have an HIV-specific law but has used its grievous bodily harm law to prosecute HIV exposure and/or transmission. In cases of HIV exposure, charges can be amended to attempted aggravated bodily harm.
There were no known HIV criminalisation cases in Slovenia until 2019 when a man living with HIV was convicted of attempted grievous bodily harm (‘HIV exposure’) for having multiple sexual encounters without using condoms. The charge was laid in conjunction with multiple other charges relating to sexual assault of a mentally disabled person, human trafficking and dealing drugs. It is understood the man was convicted of the grievous bodily harm charge on the basis of his HIV status despite having an undetectable viral load. It is unclear whether facts concerning his viral load were presented in court.
Article 23. Criminal Attempt
(1) Anybody who intentionally initiated a criminal offence but did not complete it shall be punished for the criminal attempt, provided that such an attempt involved a criminal offence for which the sentence of three years’ imprisonment or a heavier sentence may be imposed under the statute; attempts involving any other criminal offence shall be punishable only when so expressly stipulated in the statute.
(2) Against the perpetrator who attempted to commit a criminal offence, the sentence shall be applied within the limits prescribed for such an offence or it shall be reduced, as the case may be.
Article 123. Grievous Bodily Harm
(1) Whoever inflicts bodily harm on another person or damages his health to such an extent that this might place the life of the injured person in danger or cause the destruction or permanent serious impairment of an organ or part of the body, the temporary serious weakness of a vital part or organ of the body, the temporary loss of his ability to work, the permanent or serious temporary diminution of his ability to work, his temporary disfigurement, or serious temporary or less severe but permanent damage to the health of the injured person shall be sentenced to imprisonment for not less than six months and not more than five years.
(2) If the injury under the preceding paragraph results in the death of the injured person the perpetrator shall be sentenced to imprisonment for not less than one and not more than ten years.
(3) Whoever commits the offence under paragraph 1 of this Article by negligence shall be sentenced to imprisonment for not more than two wears.
(4) The perpetrator, who commits the offence under paragraphs 1 or 2 of this Article through no fault of his own and in the sudden heat of passion provoked by assault or grave insult from the injured person shall be sentenced to imprisonment for not more than three years.
Our thanks to Slovenian organisation Legebitra for their research assistance to confirm current relevant legislation.