Kiribati

Last reviewed 01 June 2017

Specific laws

Specific law enacted No

Specific law criminalising HIV non disclosure, exposure, or transmission: No

Prosecuted using non-HIV specific laws: No

Prosecuted using both specific and non specific laws: No

Is non-disclosure actionable: No

Is exposure actionable: No

Is transmission actionable: Yes

Prosecutions

Number of prosecutions 0

Convictions

Number of convictions 0

Laws

Applicable laws

Penal Code 1977

Applicable key wording

Penal Code (s 176) Negligent act likely to spread infection of disease dangerous to life-

Penal Code (s 218) Acts intended to cause grievous harm or prevent arrest-

Penal Code (s 220) Grievous Harm-

Penal Code (s 223) Unlawful wounding

Penal Code (s 237) Common assaults

Penal Code (s 238) Assaults causing actual bodily harm

Discussion

Penal Code (s 176) Negligent act likely to spread infection of disease dangerous to life- Any person who unlawfully or negligently does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, is guilty of a misdemeanour.

Penal Code (s 218) Acts intended to cause grievous harm or prevent arrest- This stipulates that any person who with intent does any grievous harm to a person by any means whatever is guilty of a felony and liable to imprisonment for life.

Penal Code (s 220) Grievous Harm- Any person who unlawfully does grievous harm to another to another is guilty of a felony and liable to imprisonment for seven years.

Penal Code (s 223) Unlawful wounding- An individual who unlawfully wounds another person is guilty of a misdemeanour and shall be liable to imprisonment for five years.

Penal Code (s 237) Common assaults- Any person who unlawfully assaults another is guilty of a misdemeanour and, if the assault is not committed in circumstances for which a greater punishment is provided in this code, shall be liable to imprisonment for six months.

Penal Code (s 238) Assaults causing actual bodily harm- Any person who commits an assault occasioning actual bodily harm is guilty of a misdemeanour and shall be liable to imprisonment for five years. 

Further reading

Colvin E (2002). Criminal responsibility under the South Pacific codes

Cases

Overview

None

Last reviewed 01 June 2017

Last reviewed 01 June 2017

Last reviewed 01 June 2017