Malta

Last updated on: 30 August 2012

Criminalisation of HIV transmission/exposure

Malta
Whether Specific law enacted: 
Yes
Number of people prosecuted: 
-
Number of people convicted: 
-
Applicable law: 

Act III of 2002 Criminal Code: Section 244A Chapter 9

Key wording in the law: 

1. Any person who, knowing that he suffers from, or is afflicted by, any disease or condition as may be specified in accordance with sub article , in any manner knowingly transmits, communicates or passes on such disease or condition to any other person not otherwise suffering from it or afflicted by it, shall, on conviction, be liable to imprisonment for a term from four year to nine years: Provided that where the other person dies as a result of such disease or condition, the offender shall be liable to the punishment established in article 211. [i.e. life imprisonment]

2. Where any such disease or condition as is referred to in sub article is transmitted, communicated or passed on through imprudence, carelessness or through non-observance of any regulation by the person who knew or should have known that he suffers there from or is afflicted thereby that person shall on conviction be liable to imprisonment for a term not exceeding six months or to a fine (multa) not exceeding one thousand Maltese Lira (MTL): Provided that where the other person dies as a result of such disease or condition, the offender shall be liable to the punishments established in article 225. [i.e. imprisonment not exceeding four years or a fine not exceeding five thousand Maltese Lira (MTL)

3. The Minister responsible for justice shall, by notice in the Gazette, specify diseases or conditions to which this article applies.

Survey respondents/Organisations working on HIV and the Law: 

Ministry for Social Policy, Malta.

Other laws and policies with an impact on responses to HIV

Laws and regulations relating to entry, stay or residence in the country: 

There are no restrictions for people with HIV/AIDS. There are no specific legal regulations concerning people with AIDS.

Neither a medical certificate nor an HIV test result is required when entering the country. Foreigners with a known HIV infection are not subject to specific residence regulations. There are no regulations regarding the control, deportation or expulsion of those concerned.

Antiretroviral medication can be carried for personal use (quantities according to duration of stay).

For updated information, please go to: www.hivrestrictions.org

Laws relating to same sex, sexual relations: 

Male to Male relationships: Legal

Punishments for male to male relationships:  No law

Female to Female Relationships: Legal

Age of consent:  Equal for heterosexuals and homosexuals

Marriage and Substitutes for Marriage: No law

For updated information, please go to: http://ilga.org