PRACTICA APLICĂRII RĂSPUNDERII PENALE PENTRU HĂRȚUIRE SEXUALA : PROBLEMATICA ȘI PERSPECTIVE DE SOLUȚIONARE

Abstract

The purpose of this article is to examine the errors of application of art.173 Criminal Code of Republic of Moldova (further CP RM). As a result of the study, the following conclusions are formulated: in frequent cases in judicial practice, the explanations from point 18 of the SCJ Plenum Decision no. 17/2005 are ignored; errors in the application of art.173 CP RM continue to be admitted, of which we note: a) physical coercion is interpreted as a form of manifestation of physical behavior within the meaning of art.173 CP RM; b) taking advantage of the person's inability to defend himself or express his will is seen as a way to achieve sexual harassment; c) the threat of violence is considered a threat within the meaning of art. 173 of the CP RM; d) there is no clear delimitation between threat and blackmail, seen as normative modalities of the adjacent action within sexual harassment. In conclusion, in order to ensure the application of art.173 CP RM in accordance with the principle of legality, it is proposed to improve this article.