Facultatea de Drept / Faculty of Law

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    ASPECTE PRACTICE PRIVIND CALIFICAREA INFRACȚIUNILOR PRIVIND VIAŢA SEXUALĂ ÎN CONTEXTUL NOILOR AMENDAMENTE LA CODUL PENAL
    (CEP USM, 2024) Galan, Doina-Cezara
    As a result of a recent amendment, the Criminal Code of the Republic of Moldova was supplemented with art.1322 which provides the consent of the sexual victim. The Criminal Code divides sexual crimes into two categories. In the context, it is about sexual crimes committed without the consent of the victim, including art.171, art.172, art.173 and 1751 of the Criminal Code and sexual crimes that includes the consent of the victims as art.174 and art.175 of the Criminal Code. In the content of this article, we aimed to elucidate some aspects of qualification through as a retrospective on each article of the Criminal Code that criminalizes the sexual crimes.
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    PROIECTUL DE REMANIERE A CAPITOLULUI IV „INFRACŢIUNILE PRIVIND VIAŢA SEXUALĂ” DIN PARTEA SPECIALĂ A CODULUI PENAL AL REPUBLICII MOLDOVA: OBSERVAŢII CRITICE
    (CEP USM, 2021) Brînza, Serghei
    The purpose of this investigation is to reveal the extent to which the recommendations, which were made in the analysis of a project dating from 21.02.2020, prepared by the Ministry of Justice, were taken into account by the authors of the final project to complete the Criminal code with art. 1322 “Sexual acts or non-consensual sexual acts”, as well as the operation of amendments in art. 171-1751 of the Criminal Code. Recommendations are made to improve that final project. It is found that more effective protection of the rights victims of the crimes related to sexual life cannot be achieved by unjustifiably suppressing or diminishing the rights of litigants. Those who commit crimes related to sexual life must bear absolutely all the legal consequences of the committed act. However, they should not, in any case, be tributary to the errors admitted in the process of elaboration, adaptation or amendment of art. 171-1751 of the Criminal Code. As a result, the arguments, presented in the present study, aim at: not admitting the extensive unfavorable interpretation of art. 171-1751 of the Criminal Code; disambiguation of the provisions of these articles; preventing the occurrence of parallels in the criminal law, as well as blockages in its application; decoruptibilization of the application process of art. 171-1751 of the Criminal Code.