This presentation is part of the Conference ‘SEX 360° The multidisciplinary approach to sexuality’ which is going to be held on Saturday 7th March 2015 at Skyparks in Luqa.
For further details and registration follow the link: https://www.facebook.com/events/437305963086326.
Under article 244A, of the Maltese Criminal Code  , introduced in 2005, transmission of HIV, be it intentional or arising out of recklessness is a criminal offence. The latter in virtue of the relevant Legal notice  published in 2005. To date we had one case law where this law was invoked and used. Our jurisprudence has used the Italian Jurist Antolisei’s commentary on the ‘Lesione personali e percosse’ to justify the inclusion of such a law into our legal system, which has established that; non-disclosure before unprotected sex is considered to be dolus eventualis, -indirect intention-.