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

AuthorBogdan Birzu
PositionAssistant Professor, PhD, Titu Maiorescu University, Romania
General Aspects on Sexual Corruption
Offense of Minors according to the
Romanian Law
Bogdan BIRZU
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
Assistant Professor, P hD, Titu Maiorescu University, Romania, Address: 22 Str. Dâmbovnicului,
Bucharest, Romania, Tel.: 021 316 1646, Corresponding author:
AUDJ, vol. 13, no. 3/2017, pp. 38-47

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