ABOUT THE QUALITY OF THE LAW IN THE MATTER OF INCRIMINATION OF THE FACTS OF RAPE AGAINST A MINOR AND SEXUAL ASSAULT AGAINST A MINOR
ABOUT THE QUALITY OF THE LAW IN THE MATTER OF INCRIMINATION OF THE FACTS OF RAPE AGAINST A MINOR AND SEXUAL ASSAULT AGAINST A MINOR

Summary/Abstract: The present study aims to analyze the new incriminations of rape against a minor and sexual assault against a minor, from the perspective of the quality of criminalization and sanctioning of the facts. Because a law is a quality one when its enforcing leeds efficiently to the forseen positive social changes, the natural question arises to what extent these new concepts prove this ability. First, are signaled the deficiencies in the matter of incrimination, so that it can be addressed later deficient aspects in the matter of sanctioning. Using the comparative method, as well as the principles and methods of interpetation applicable in criminal law, we come the the conclusion that reconfiguration of the penal policy of the Romanian state, first of all, it would require a much complex explanation with highlighting the concrete aspects of the deficiencies that were found in the old legislative framework, that justify the change of optics, rather than simple references to the ever increasing dynamics of the criminal phenomenon, which is anyway recording increses on many social levels, and secondly, reconfiguration of the penal policy requires a much bigger effort that the one shown by the analized norms. In the end, the proposals made seek to improve the existing legislative framework.

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