Institutia infractiunii in statele membre U.E. - The Criminal Offence institution in the E.U. countries

Sergiu Brinza
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Sergiu Brinza: Profesor universitar, Doctor habilitat in drept, Facultatea de Drept, Universitatea de Stat din Moldova, Chisinau, Republica Moldova

Jurnalul de Studii Juridice, 2010, vol. 1-2, 127-142

Abstract: In the framework of this study, the difference of legislative conception regarding the offence of rape in the Penal Law of Romania and the Republic of Moldova is examined: in the Romanian Penal Law, rape involves the idea of sexual intercourse, of any nature, with a person of the same or different gender – a collocation whose meaning we traditionally found in the Moldovan law; in contrast, in the Moldovan Penal Law the notion of rape concludes with the idea of normal sexual intercourse (from the physiological viewpoint) between people of different gender. The conclusion that, prospectively, it is rather rational to enact an enlarged rape concept in art.171 of the Penal Code of the Republic of Moldova is reached. As praxis will serve art.218 of the Romanian Penal Law (Law nr.286/2009), art.222-23 of the French Penal Code, art.242 of the Dutch Penal Code, lett.a) par.(1) art.71.8 of the Australian Penal Code, par.1 §192 of the Norwegian Penal Code etc. To give instances, in the case of par.(1) art.171 of the Penal Code of the Republic of Moldova, it is recommended to define the notion of rape as sexual intercourse of any type, involving penetration, committed through the coercion of the person or by taking advantage of his/her impossibility of defence or of will expression. It is pointed out that, by defining the notion of rape in such a manner, the abrogation of art.172 “Violent actions of sexual character” and art.173 “Coercion to actions with sexual character” of the Penal Code of the Republic of Moldova will be conditioned. The untimeliness of the abrogation of art.173 of the Penal Code of the Republic of Moldova being accompanied by the incrimination of the deed of sexual harassment is argued. With regard to the actualities from the Republic of Moldova (unlike the other countries), the establishment of the penal responsibility for sexual harassment will mean nothing but an example of excessive incrimination.

Keywords: rape; sexual contact; sexual intercourse; coercion; sexual harassment (search for similar items in EconPapers)
JEL-codes: A23 K14 (search for similar items in EconPapers)
Date: 2010
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Persistent link: https://EconPapers.repec.org/RePEc:lum:rev4rl:v:1-2:y:2010:i::p:127-142

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