Analiza infracţiunii de viol săvârşite asupra unui minor

dr. HUNOR KADAR*

* e-mail: kadarhuni@yahoo.com

Lector univ. - Facultatea de Ştiinţe şi Arte, Departamentul de Ştiinţe Juridice, Universitatea "Sapientia" din Cluj-Napoca

Avocat - Baroul Bihor

ABSTRACT

The offence of rape committed against a minor constitutes a new incrimination that was introduced into the Criminal Code by the Law No 217/2023 and was amended by the Law No 424/2023. The analyzed offence regulates both the facts that prior to the changes made by Law No 217/2023 were included in the offence of sexual intercourse with a minor, as well as the aggravated variant of the offence of rape with a minor being the passive subject. The author criticizes the marginal name of the offence, after which he proceeds to an analysis of the offence of rape committed against a minor, presenting in parallel the variants in which the acts of sexual penetration with the minor are consented, respectively the variants that presuppose having sexual...