Different Legal Classification of Crimes Regarding Sexual Life vs. Uniform Interpretation and Implementation. Comparative Aspects of the New Criminal Code

Author:Mihail -Silviu Pocora, Monica Pocora
Pages:350-353
SUMMARY

Sexual freedom, being one of the individual freedom, is protected by law whenever is violated and no matter what way take place, but controversy and lack of unanimous interpretation occur once the legal status of infrinfed rule and therefore the individual sentence. In this sense, we tried to highlight some aspects regards to the legal boundaries classification, and the new elements brought by... (see full summary)

 
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European Integration - Realities and Perspectives
2010
350
Different Legal Classification of Crimes Regarding Sexual Life vs. Uniform
Interpretation and Implementation. Comparative Aspects of the New
Criminal Code
Mihail-Silviu Pocora
1
, Monica Pocora
2
1
Master Student, Hyperion University of Bucharest
2
Danubius University of Galati, Faculty of Law, monicapocora@univ-danubius.ro
Abstract: Sexual freedom, being one of the individual freedom, is protected by law whenever is violated a nd no matter what
way take place, but controversy and lack of unanimous interpretation occur once the legal status of infrinfed rule and
therefore the individual sentence. In this sense, we tried to highlight some aspects regards to the legal boundaries
classification, and the new elements brought by the new Criminal code.
Keywords: sexual freedom; sexual offenses; pedophilia; morality; legality
Title II, Chapter III of the current Criminal Code, entitled „Crimes against sexual life” includes rape
crime, sexual intercourse with a minor, seduction, sexual perversion, sexual corruption, incest and
sexual harassment. Considering that some offenses have the minor, as passive subject, they may be
associated with another term, called „pedophilia”.
Title I, Chapter VII of the new Criminal Code (Law no. 286/2009), entitled „Crimes against sexual
freedom and integrity”, includes offences such rape, sexual assault, sexual intercourse with a minor,
sexual corruption of minors, recruitment of minors for sexual purposes, sexual harassment. Therefore,
is apparent that the crimes of seduction and incest will no longer find meaning under the new Criminal
Code, the crime of incest is absorbed by aggravating version of rape – „when the victim is a relative in
direct line, brother or sister”, this new law giving priority to a new offense, respective, the recruitment
of minors for sexual purposes.
In courts practice, have held contrary views on the legal classification of rape, and the crime of incest
in perfect concourse, in case of sexual relation with a person of different sex, family member, with
which author is relative in direct line, brother or sister, made it through coercition or taking advantage
of her inability to defend or to express their will. Not having a single viewpoint in this regard, some
courts have held that the act constitutes only the rape crime, considering that the incest crime is
absorbed in the worsening situation
relating to the situation when
„the rape victim is a family
member”. Other courts, have held that such an act, committed by the author on a family member,
which is relative in direct line, brother or sister, constitutes both rape crime and incest in the perfect
concourse.
In this regard, the High Court of Cassation and Justice upheld an recourse in law interest, by decision
no. 2/2005 (Recourse in law interest, no. 27/09/2005).

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