Reflections Regarding Some Changes Made through the Law No. 217/2020 in the Matter of Crimes Against Integrity and Sexual Freedom Cover Image

Considerații privind unele modificări intervenite prin Legea nr. 217/2020 în materia infracțiunilor contra libertății și integrității sexuale
Reflections Regarding Some Changes Made through the Law No. 217/2020 in the Matter of Crimes Against Integrity and Sexual Freedom

Author(s): Corneliu S.F. Iftim
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: Law no. 217/2020; limitation; enforcement of the Romanian criminal law; typology; aggravating factors;

Summary/Abstract: By Law no. 217/2020 the legislator intervened in the matter of crimes against sexual freedom and integrity, both in terms of the content of the crimes and the limits of the punishment. Some of these adjustments, such as those relating to limitation for some of the offenses, the relaxation of the conditions for the territorial application of the Romanian criminal law, or the amendments to the penalty limits, aimed at increasing the protection afforded to the victims of this kind of acts, with the practical consequence of the increase in the number of cases before the judicial bodies and the removal from the overall design of the new code. The other amendments referred to in the study have been part of the same goal, reducing the age limits of victims and thereby extending the scope of the crimes, or reformulating or adding further aggravating factors, for the purpose of linking with other provisions of the code or of more severe punishment of a qualified criminal history or plurality of perpetrators. Within the latter category of changes, too, there can be identified enforcement difficulties, either due to redundancy or non-compliance with other aggravating circumstances or the lack of uniformity in regulation.

  • Issue Year: 2021
  • Issue No: 01-02
  • Page Range: 76-85
  • Page Count: 10
  • Language: Romanian
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