Overview
The Criminal Code of North Macedonia does not specify HIV but sets out sanctions for the intentional transmission of infectious disease in Article 205. The intentional transmission of a sexually transmitted infection (STI) is punishable with imprisonment of up to three years, while unintentional transmission incurs up to 6 months.
In November 2008, 23 sex workers were arrested in Skopje and tested for STIs without their consent. Seven tested positive for STIs and were later convicted for intentional transmission of hepatitis, each receiving a suspended sentence of three months. The court ruling affirmed that Article 205 of the Criminal Code also covers HIV.
Laws
Criminal Code
Article 205. Transmitting an infectious disease
(1) Whosoever by violating regulations or orders whereby a competent body determines controls, disinfection, separation of the diseased, or some other measures for suppression and prevention of infectious diseases among people or, who by employment or holding a person with infectious disease, causes transmission of infectious disease by performing sexual act or in another manner, shall be fined or sentenced to three years of imprisonment.
(2) The sentence referred to in paragraph 1 shall also be imposed to whosoever does not act in accordance with the regulations or orders referred to in paragraph 1, regarding the suppression or prevention of the infectious diseases among animals, possible to be transmitted to people and thus causing transmission of an infectious disease.
(3) If an incurable infectious disease was transmitted as a consequence of the crime referred to in paragraph 1, the offender shall be sentenced to imprisonment of one to ten years.
(4) The attempt of the crime stipulated in paragraph 1 of this Article for transmission of an incurable infectious disease person is punishable.
(5) Whosoever endangers the security of other people with false treat of transmitting or spreading false arguments of existence of such infectious disease shall be fined or sentenced to imprisonment of up to six months.
(6) Whosoever commits the crime referred to in paragraph 1 and 2 out of negligence shall be fined or sentenced to imprisonment of up to six months.
Further resources
Information for the consideration to the Committee on the Elimination of Discrimination against Women in its adoption of a list of issues regarding the Sixth Periodical Report of the Republic of Macedonia under the Convention on Elimination of All Forms of Discrimination against Women, 71 Pre-Sessional Working Group, 12-16 March, 2018
Acknowledgements
Our thanks to Sanja Jovanovikj Paneva, Legal Adviser at Stronger Together for her research assistance in confirming current relevant legislation.
HIV Justice Network's Positive Destinations
Visit the North Macedonia/FYR Macedonia page on Positive Destinations for information on regulations that restrict entry, stay, and residency based on HIV-positive status, as well as access to HIV treatment for non-nationals.
