CÂTEVA ASPECTE REFERITOARE LA INFRACȚIUNILE DE TRAFIC DE PERSOANE (ART, 210 COD PENAL), PROXENETISM (ART. 213 COD PENAL) ȘI FOLOSIREA SERVICIILOR UNEI PERSOANE EXPLOATATE (ART. 216 COD PENAL)
SOME CONSIDERATIONS REGARDING THE TRAFFICKING IN HUMAN BEINGS (ARTICLE 210 CRIMINAL CODE), PANDERING (ARTICLE 213 CRIMINAL CODE) AND USE OF AN EXPLOITED PERSON’S SERVICIES (ARTICLE 216 CRIMINAL COD)

Summary/Abstract: The present article aims, firstly, to analyse the relationship between the trafficking in human beings and pandering, in the situation in which both crimes are committed against the same individual, in order to concludewhether or not article 38 par. (1) of the Romanian Criminal Code is applicable. Secondly, the author tries to define thenotion of „determination” as regulated by article 213 par. (1) of the Romanian Criminal Code in order to emphasizeits differences in relation to article 329 of the 1969 Romanian Criminal Code. In the third section the author triesto emphasize several criteria for the application of Decision no. 20/2016 issued by the High Court of Cassation andJustice in a Preliminary Ruling procedure, in the matter of the crime of pandering as regulated by article 213 par.(1) and (3) of the Romanian Criminal Code. The final section of the present article is dedicated to a short analysisregarding the issues raised by the application of article 216 of the Romanian Criminal Code.

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