Modificări legislative şi de politică penală în materia infracţiunii de viol operate prin Legea nr. 217/2023
Legislative and Criminal Policy Changes Regarding the Offense of Rape Introduced by Law no. 217/2023

Summary/Abstract: This article addresses the conceptual and legislative implications of Law No. 217/2023, through which the legislator has implemented a significant reconfiguration in the field of offenses against sexual freedom and integrity. Some of the new elements represent more than simple legislative amendments, constituting even changes in criminal policy from multiple perspectives. This study initially provides a brief overview of the social values protected by the criminalization of rape, in its broad sense, in order to contextualize the aspects presented later. It then examines certain new aggravating circumstantial elements regarding the offense of rape and a series of issues related to the inconsistencies of the legislative reform. Finally, the essence of the article lies in defining the concept of criminal policy and presenting the shift in criminal policy concerning offenses against sexual freedom and integrity, outlined through the substantial reconfiguration of the crime of rape.

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