CALIFICAREA JURIDICO-PENALĂ A FAPTELOR DE HĂRȚUIRE SEXUALĂ SĂVÂRȘITE DE CĂTRE O PERSOANĂ CARE GESTIONEAZĂ O ORGANIZAŢIE COMERCIALĂ, OBŞTEASCĂ SAU O ALTĂ ORGANIZAŢIE NESTATALĂ

Abstract

Discussions about sexual harassment have not lost their relevance, since this phenomenon exists in society and creates a real danger to the inviolability or sexual freedom of the person. In some cases, sexual harassment could be likened to corruption, given that there is perverted power that makes it possible to receive sexual services. In such situations, power is characterized not by its positive purpose - to act in the interests of the rights and interests protected by law of individuals, but arbitrarily. The possibility of sexual harassment by a person running a commercial, public or other nonstate organization cannot be denied. At first sight, it would create the impression that the respective criminal acts could be qualified in accordance with art. 173 of the Criminal Code, and the possible discussions on the applicability of art. 335 or 333 of the Criminal Code, would be useless. In this article, we will try to demonstrate that in such cases, not surprisingly, the withholding of art. 173 of the Criminal Code, could be classified as an incorrect legal-criminal exercise in the situation of use by the person who manages a commercial organization, public or other nonstate organization of the employment situation when committing acts of sexual harassment in relation to the victim who it has certain connections with its administrative or organizational-economic-economic attributions.