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Malta
| Estimated number of people living with HIV: |
Less than 500 |
| Number of people prosecuted for HIV transmission: |
0 |
| Number of people convicted for HIV transmission: |
0 |
Applicable law: Act III of 2002 Criminal Code: Section 244A Chapter 9
Key wording in the law:
244A.
(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 (3), 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(1). [i.e. life imprisonment]
(2) Where any such disease or condition as is referred to in sub article (1) 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 liri [€ 2300 circa]:
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 liri: € 11,500 circa]
(3) The Minister responsible for justice shall, by notice in the Gazette, specify diseases or conditions to which this article applies.
Discussion:
From the responses received, it appears no one has been prosecuted for the transmission of HIV in Malta. The 2002 Act is not specific to HIV, but covers all communicable diseases. The Minister of Justice, in a notice in a newspaper (as required by law), specifies diseases or conditions to which this Act applies. In their response, the prosecution service indicated that the motivation for the 2002 legislation was a realisation that the prohibited conduct was a threat to individual, as well as public, health.
Transmission of other sexually transmitted infections is subject to prosecution under the same law.
Completed questionnaires were received from the Chamber of Advocates, the Ministry of Health, the Prosecution Service and UNAIDS Focal Point.
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