Minor Trafficking in the Romanian Law

• Author: Ion Rusu - Nelu Nita
• Position: Professor, PhD, Danubius University of Galati and Lawyer - Vrancea Bar, Romania - Senior Lecturer, PhD, George Bacovia University of Bacau, Romania
• Pages: 14-23

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

14

Minor Trafficking

in the Romanian Law

Ion RUSU

1

, Nelu NIŢĂ

2

Abstract: In the current paper we have examined the crime of trafficking in minors, given the recent

changes and additions made by the legislator in the legal content of this crime with the adoption of the

G.E.O. no. 18/2016. Within the examination we have identified elements of similarity and difference

between the two measures (the previous law and the law in force at the moment), and the constitutive

content, forms, penalties, complementary explanations, the previous legislation and the application of

more favorable criminal law in this transitory situation. The innovations consist in the conducted

examination with the new changes and additions to the text originally published in the new Criminal

Code, presenting comparative elements and examining the constitutive con tents and the variants of

applying the more favorable criminal law in transitory situations. This paper continues the

examination o f the offenses provided in the new Romanian Criminal Code, publishing in the near

future a new university course in this field. As it is organized, the pap er may be useful to law students

from Romania, practitioners in this field, as well as European citizens who wish to supplement their

knowledge in this field.

Keywords: offense; constitutive content; more favorable criminal law

1. Introduction

There As provided in article 211 of the Criminal Code, the offense of trafficking in

minors in its type consists in the recruitment, transportation, transfer,

accommodation or receipt of a child for the purpose of his exploitation.

In par. (2) there are provided the aggravated normative ways that will retain as

such when:

1

Professor, P hD, Danubius University of Galaţi and Lawyer - Vrancea Bar, Romania, Address: 3

Galati Blvd., Galati 800654, Romania, Tel.: +40372361102, Corresponding author: ionrusu@univ-

danubius.ro.

2

Senior Lecturer, PhD, George Bacovia University of Bacau, Romania, Address: 96 Str. Pictor

Theodor Aman, Bacău 600164, Romania, Tel.: 0234 562 600, E-mail: nita_nelu@yahoo.com.

AUDJ, vol. 13, no. 3/2017, pp. 14-23