Slovakia

Number of reported cases At least 3 How do we calculate the number of cases

Overview

Slovakia has two HIV-specific criminal laws, one criminalising “intentional” HIV exposure (with a sentence of three to ten years’ imprisonment) or HIV transmission (with a sentence of ten to fifteen years) and another criminalising “negligent” HIV exposure (with a sentence of one to five years’ imprisonment) or HIV transmission (with a sentence of four to ten years).

In addition, using other legislative frameworks Slovakia mandates HIV status disclosure in both sexual and healthcare settings.

Mandatory HIV status disclosure to sexual partners based on Ministry of Health Professional guidance to ensure the prevention of infection caused by human immunodeficiency virus in the Slovak Republic no. 5650/99-A (published in the Bulletin of the Ministry of Health of the Slovak Republic, volume 6-9, dated 20 March 2000)

Mandatory HIV status disclosure in health care settings based on Ministry of Health Decree no. 585/2008 Coll. laying down details on the prevention and control of communicable diseases (§ 20 c) and d) – Measures to ensure the care of persons excluding pathogens).

Laws

§165 (Intentional endangering by HIV) and §166 (Negligent endangering by HIV) of Criminal Code (Act no.300/2005 Coll.)

HIV-specific criminal law (active)
Year enacted
2005
Relevant text of the law

§165

(1) Any person who intentionally puts another at risk of contracting human immunodeficiency virus infection shall be liable to a term of imprisonment of three to ten years.

(2) The offender shall be liable to a term of imprisonment of seven to twelve years if he commits the offense referred to in paragraph 1

  1. a) acting in a more serious manner, or
    b) against a protected person.

(3) The offender shall be liable to a term of imprisonment of ten to fifteen years if he commits the offense referred to in paragraph 1 and causes grievous serious bodily harm or death through its commission

§166

(1) Any person who by negligence puts another at risk of contracting human immunodeficiency virus infection shall be liable to a term of imprisonment of one to five years.

(2) The offender shall be liable to a term of imprisonment of four to seven years if he commits the offense referred to in paragraph 1

  1. a) acting in a more serious manner, or
    b) against a protected person.

(3) The offender shall be liable to a term of imprisonment of four to ten years if he commits the offense referred to in paragraph 1 and causes grievous serious bodily harm or death through its commission.

Acknowledgements

Thanks to Robert Hejzák of the Czech AIDS Help Society for his assistance confirming current relevant legislation.

This information was last reviewed in July 2020