PROIECTUL DE REMANIERE A CAPITOLULUI IV „INFRACŢIUNILE PRIVIND VIAŢA SEXUALĂ” DIN PARTEA SPECIALĂ A CODULUI PENAL AL REPUBLICII MOLDOVA: OBSERVAŢII CRITICE

Abstract

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.