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EATG seeks to ensure that Europe-wide standards of up-to-date scientific evidence limit overly broad HIV criminalisation

28 Oct 2013
EATG’s new position paper on prosecutions for HIV non-disclosure, exposure and/or transmission published last week recommends that the criminal law should only be used in extremely rare and unusual cases where HIV is maliciously and intentionally transmitted and that Europe-wide … More

Video: Seminar on HIV Criminalisation, Berlin, 20 September 2012 (EATG/DAH/IPPF/HIV in Europe)

23 Oct 2012
This international conference on the criminalisation of HIV non-disclosure, potential or perceived HIV exposure and non-intentional HIV transmission took place at the Rotes Rathaus in Berlin on 20th September 2012. HIV advocates, law and human rights experts and other concerned … More

Malta: British man accused of rape, HIV transmission

10 Jun 2009
A 41 year-old HIV-positive British man has been charged with rape and HIV transmission in Malta, and yet the details of the case do not add up at all. According to the Times of Malta the “incident allegedly happened early … More

Last reviewed 01 June 2017

Specific laws

Specific law enacted Yes

Specific law criminalising HIV non disclosure, exposure, or transmission: Yes

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: No


Applicable laws

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

Applicable key wording

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.

Further reading

Latest cases and news can be found at:

Last reviewed 01 June 2017

Last reviewed 01 June 2017

Last reviewed 01 June 2017