Consecințele lipsei unei pedepse-reper în configurarea art. 218 ind. 1 alin. 1 ind. 1 al Codului penal: o analiză critică a provocărilor de drept substanțial și procesual penal
Consequences of the Lack of a Reference Penalty in the Configuration of Art. 2181 para. (11) of the Criminal Code: A Critical Analysis of Substantive and Procedural Criminal Law Challenges Abstract:

Summary/Abstract: This article aims to critically analyze the severe deficiencies in legislative drafting found in Art. 2181 para. (11) of the Criminal Code (introduced by the 2023 legislative reforms), highlighting the main difficulties identified in legal doctrine and jurisprudence as a result of the absence of a reference penalty for non-coercive sexual acts between minors. The study underscores how this omission partially paralyzes the mechanisms governing the individualization of sanctions, creates a legislative vacuum capable of rendering the prosecution of adult participants impossible, and causes interpretative difficulties regarding certain procedural criminal law institutions. Ultimately, despite the initial intent to enhance victim protection, the flawed legal text frequently becomes the more favorable criminal law (mitior lex), ultimately undermining the predictability of the administration of justice.

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