Aspecte controversate referitoare la infracțiunile de viol și de perversiune sexuală în lumina dispozițiilor actualului și viitorului Cod penal
Controversial aspects referring to rape and sexual deviations in the light of the provisions of the current and future Penal Code

Summary/Abstract: Maybe some of the most controversial crimes, the rape and the sexual deviations, gave birth to numerous debates in the specialty literature, as well as in the doctrine, but also different, sometimes contradictory solutions in the legal practice. The author shows that not even the High Court of Cassation and justice succeeded to convince or end these controversies, even though that, through decision no. III/2005, tried to clarify the meaning of the material element of the rape crime. The lawmaker, through the incrimination norm of the rape and sexual aggression crimes of the new Penal Code tries to clarify and avoid, for the future, such issues. The present study highlights these possible problems and solutions.

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