Prostitution in Romanian Legislation

• Author: Ionas, D.G. - Matefi, R.
• Position: Law Faculty, Transilvania University of Brasov
• Pages: 69-74

Bulletin of the Transilvania University of Braşov

Series VII: Social Sciences • Law • Vol. 5 (54) No. 2 - 2012

PROSTITUTION IN ROMANIAN

LEGISLATION

D.G. IONAŞ1 R. MATEFI1

Abstract: An age-old profession, prostitution has always been a

controversial subject. Although from the point of view of morali ty,

prostitution is not an activity to honour those who practice it must be noted

that it exists irrespective of whether society blames it or tolerates it.

Key words: prostitution, morality, criminality, incrimination.

1 Law Faculty, Transilvania University of Braşov.

1. The notion and the evolution of

prostitution

The juridical regulation of prostitution

is to be found in article 328 Criminal

Code and represents ”a person’s act which

procures his/her means of livelihood or

main means of livelihood by practicing for

this purpose sexual acts with different

persons”.

Etymologically speaking, the term of

prostitution comes from two Latin roots:

pro – for or ahead and statuo, statuere – to

stand, to be exposed to sight, the verb

prostituere meaning at the beginning of its

use public exposure of products for sale [1].

Being part of a category called offences

that affect relationships regarding social

cohabitation provided in Title IX from

Criminal Code, the offence of prostitution

has the relationships regarding social

cohabitation as a general juridical subject.

Lato sensu, the term of social cohabitation

includes the majority of social

relationships which are, to all intends and

purposes, cohabitation relations of some

persons together with other persons. Stricto

sensu, this term refers to those relations

which imply close, direct, frequent

contacts between persons and their breach

implying moral suffering.

2. Constitutive content

The special legal object of the crime of

prostitution is the relationship of social

cohabitation, relationships involving the

procurement of means of livelihood,

observing the moral rules of a person`s

sexual life and the rules of public morality

and the rejection of acts of sexual trade

The main social value affected by

practicing this activity is the procurement

of means of existence by honest work, but,

as a secondary area, other values

connected to the human being are being

affected, such as his / her sexual moral life,

dignity and social morality.

The offence of prostitution implies the

practice of sexual acts with different

persons to ensure the means of livelihood

or roughly its main means. Thus, the

material object of the offence is those

goods obtained by practicing this activity,

the law being ambiguous regarding money,

jewelry, valuable goods or other goods.