COMPARATIVE TREATMENT REGARDING THE LEGAL CLASSIFICATION OF ACTS THAT AFFECT THE SEXUAL LIFE OF MINORS
DOI:
https://doi.org/10.55516/ijlso.v1i1.65Keywords:
crime, sexual self-determination, minor, legislation;Abstract
This article aims to carry out an analysis of the different methods of regulating offences against sexual self-determination, especially in relation to minors.
From this comparative view will result the different views on this aspect of the European legislators in Germany and France, for example regarding the value of the consent of a minor victim of such crimes.
This approach can be useful for a better understanding of the optimal way to legislatively counter this criminal phenomenon, namely what changes could be made in the national legislation in this regard. Also, this analysis can even provide certain criteria to be considered by the magistrates when they establish the gravity of the offence.
At present, this theme is of greatinterest,given that some opinions claim that the current legislation in Romania should be modified, for example because according to the current situation, a minor under 14 years old can consent to a sexual act.
References
Mihai Udroiu, Criminal Law. The general part, C.H. Beck publishing house, 2016, p. 238;
Tudorel Toader, Romanian criminal law. Special part. Vol. I, Universul Juridic publishing house, Bucharest, 2019, p. 167;
Report on the practice of the courts and the prosecutor's offices attached to them in the investigation and resolution of cases regarding sexual crimes with minor victims, prepared by the Judicial Inspection and approved by the C.S.M. on 27.07.2021;
www.codexpenal.just.ro – Criminal Codes of the States of the European Union – coordinator Prof. Dr. Tudorel Toader;
https://www.gesetze-im-internet.de;
https://www.equalrightstrust.org/ertdocumentbank/french_penal_code_33.pdf;
The Council of Europe Convention on preventing and combating violence against women and domestic violence, adopted in Istanbul on May 11, 2011, signed by Romania on June 27, 2014 and ratified by Law no. 30/2016;
Directive 2011/93/EU on combating sexual abuse of children, sexual exploitation of children and child pornography.
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