General Aspects on Sexual Corruption Offense of Minors according to the Romanian Law

• Author: Bogdan Birzu
• Position: Assistant Professor, PhD, Titu Maiorescu University, Romania
• Pages: 38-47

ACTA UNIVERSITATIS DANUBIUS Vol. 13, no. 3/2017

38

General Aspects on Sexual Corruption

Offense of Minors according to the

Romanian Law

Bogdan BIRZU

1

Abstract: In this paper we have examined the crime of sexual corruption of a minor according to the

new rules laid down in the new Criminal Code. To support theorists and practitioners we have

insisted on examining th e constitutive content of the offense and the elements of similarity and

difference between the regulations of the Criminal Code of 1969 and the Criminal Code in force; the

examination itself is extremely useful in terms of identifying and applying th e more favorable

criminal law. The innovations brought by this paper consist in a comparative examination of the

provisions of the two laws, the examination of the co ntent of constitution, and the consideration of

alternatives regarding the enforcement of the more favorable criminal law. The paper can be useful

for law students and the practitioners in the field.

Keywords: content association; similarities and differences between the two regulations; more

favorable criminal law

1. Introduction

The offense of sexual corruption of the minor is provided for in article 221 of the

New Code of Criminal Law, that is the person who commits a sexual act other than

intercourse, oral or anal intercourse or vaginal or anal penetration act (referred to in

art. 220 of the Criminal Code) against a minor under the age of 13 years, and its

determination to support or carry out such an act.

In par. (2) of the same article there are provided several aggravated normative ways

(i.e. the minor is relative in direct line, brother or sister, the child is in the care,

protection, education, guard or treatment of the perpetrator, the act was committed

in order to produce pornography materials and the offense endangered the life of

the minor), and par. (3) and (4) of the article 221 of the Criminal Code there are

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Assistant Professor, P hD, Titu Maiorescu University, Romania, Address: 22 Str. Dâmbovnicului,

Bucharest, Romania, Tel.: 021 316 1646, Corresponding author: birzu_bogdan@yahoo.com.

AUDJ, vol. 13, no. 3/2017, pp. 38-47