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Combaterea exploatãrii sexuale a copiilor şi a pornografiei infantile
Combating sexual exploitation of children and child pornography

Author(s): Anca Mărgineanu
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: Directive 2011/92/UE; sexual exploitation of children; child pornography; new Romanian Criminal Code.

Summary/Abstract: The adoption of Directive 2011/92/UE has the purpose of mitigating the legislation gaps at a Member States level regarding sexual exploitation of children and child pornography. Establishing minimal thresholds at a European level seeks to discourage this phenomenon, and this is the reason why respecting these standards is fundamentally important. The directive obliges Member States to sanction four categories of crimes in a broad sense. In the current existing legislation in this domain certain redundant norms can be found and they raise difficulties of enforcement. However, these overlays of incrimination texts will be considerably adjusted once the New Criminal Code will come to force. The new code restructures the way in which the crimes regarding sexual life are regulated. The manner in which concepts are defined at a European level and the desire of the Romanian legislator to not let any deed that touches upon the dignity and sexual freedom of children unsanctioned have, however, led to a certain lack of consistency, both in the current and in the future legislation. Signalling noncompliance with the European standards aims to draw attention to the need of an intervention from the legislator.

  • Issue Year: IX/2013
  • Issue No: 03
  • Page Range: 63-89
  • Page Count: 27
  • Language: Romanian