CRIMINAL LEGISLATION REGARDING CRIMES AGAINST SEXUAL FREEDOM AND INTEGRITY COMMITTED AGAINST MINORS
DOI:
https://doi.org/10.55516/ijlso.v4i1.217Abstract
This study analyzes the criminal legislation in Romania regarding crimes against sexual freedom and integrity committed against minors, in the context of the recent amendments to the Criminal Code of 2023 and 2024. Despite efforts to align with European directives and strengthen the protection of minors, frequent changes and inconsistencies of legislation challenge effective law enforcement. The rapid succession of changes and legal ambiguities can affect the real protection of minors. In our opinion a coherent penal policy and the adoption of clear measures to protect the rights of minors, in accordance with international standards, are necessary.
References
Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse, sexual exploitation of children and child pornography and replacing Council Framework Decision 2004/68/JHA;
Explanatory Memorandum for the amendment of the Criminal Code by Law no. 217/2023 amending and supplementing Law no. 286/2009 on the Criminal Code, law published in the Official Gazette, Part I, no. 634 of 11 July 2023;
The Criminal Code in force, published in the Official Gazette, Part I, no. 510 of 24 July 2009, in force since 01 February 2014;
Law no. 217/2020 amending and supplementing Law no. 286/2009 on the Criminal Code, as well as for the amendment of art. 223 paragraph (2) of Law no. 135/2010 on the Criminal Procedure Code, published in the Official Gazette, Part I no. 1012 of October 30, 2020;
Univ. Prof. Dr. Valerian Cioclei, Faculty of Law – University of Bucharest – Cacialmaua or pseudo additional protection of the minor against sexual abuse from the perspective of law no. 217/2023, published in the Annals of the University of Bucharest – Law Series, Legal Forum no. 2/2024;
Dr. Hunor Kadar, university lecturer – Analysis of the crime of determining or facilitating the maintenance of sexual acts or sexual acts between minors created by law no. 217/2023 and the crime of sexual corruption of minors reconfigured by law no. 217/2023 and law no. 424/2023, published in the Journal of Law no. 10/2024, pp. 115 – 129;
Valerian Cioclei, Criminal Law Special Part I, 9th Edition, C.H.Beck Publishing House, Bucharest, 2024.
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