Malaysia

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: Yes

Is transmission actionable: Yes

Prosecutions

Number of prosecutions 0

Convictions

Number of convictions 0

Laws

Applicable laws

Penal Code 1936 (Act 574)

Applicable key wording

Negligent act, Malignant act

Discussion

Penal Code 1936 (s 269) Negligent act likely to spread infection of disease dangerous to life-

An individual 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 of any disease dangerous to life faces imprisonment for a term of up to six months and /or fine.

Penal Code 1936 (s 270) Malignant act likely to spread infection of disease dangerous to life-

Whoever malignantly 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, shall be punished with imprisonment with a maximum sentence of two years and/or fine.

A 2006 press report attached stated that the Malaysian Government will impose mandatory prison terms on HIV-positive people who knowingly spread the virus to others by donating blood. There are no further reports regarding whether these measures have been imposed.

Last reviewed 01 June 2017

Last reviewed 01 June 2017

Last reviewed 01 June 2017