Analiza infracțiunii de determinare sau înlesnire a întreținerii de acte sexuale sau de natură sexuală între minori creată prin Legea nr. 217/2023 și a infracțiunii de corupere sexuală a minorilor reconfigurată prin Legea nr. 217/2023
Analysis of the offence of determining or facilitating the engagement in sexual acts or in acts of a sexual nature between minors created by the Law No 217/2023 and of the offence of sexual corruption of minors reconfigured by the Law No 217/2023

Summary/Abstract: The offence provided by Article 2192 was introduced into the Criminal Code by the Law No 217/2023. Some variants of this offence were not provided as an autonomous offence in the Criminal Code prior to the adoption of the Law No 217/2023, but they could be sanctioned as instigation to the offence of sexual act with a minor or of sexual corruption of minors, as the case may be, other variants took over forms of the offence of sexual corruption of minors which were repealed by the Law No 424/2023. The author criticizes the modality by which the sanction was established for the offence provided by Article 2192 of the Criminal Code. On the occasion of the presentation of the material element, a distinction is made between the variant of determining the minor to sexual acts involving penetration and the variant of determining the minor to sexual acts without penetration. It is emphasized that in the case of this offence, the determination of the minor to engage in or endure sexual acts is not done by coercion.The offence of sexual corruption of minors was reconfigured by the Law No 217/2023 and the Law No 424/2023. Thus, Article 221 (1) and (2) of the Criminal Code was repealed by the Law No 424/2023 and Article 221 (21) of the Criminal Code was repealed by the Law No 217/2023. By the Law No 217/2023, a new variant of the offence of sexual corruption of minors was introduced, namely the one provided by Article 221 (41) of the Criminal Code. The author proceeds with an analysis of the offence of sexual corruption of minors provided by Article 221 (3) and (4) of the Criminal Code, after which he criticizes the necessity of regulating the variant provided by Article 221 (41) of the Criminal Code.This material proceeds to an extensive study of the offences provided by Article 2192 of the Criminal Code and by Article 221 of the Criminal Code, based on the judicial practice and the pre-existing doctrine regarding the offence of sexual corruption of minors, which is supplemented by the author’s personal observations regarding new aspects that have not yet been written about in the specialized literature.

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