Controverse și dezlegări privind infracțiunea de folosire a prostituției infantile
Controversies and resolutions regarding the offense of using child prostitution

Summary/Abstract: The offence of using child prostitution is an addition to the penal code by the Government Emergency Ordinance no. 18/2016 that resulted out of the need to implement in the national legislation the European norms in the matter of combating the sexual abuse on children, as well as their sexual exploitation. This article aims to analyze the specific elements of the infraction, less addressed in the doctrine, but frequently enough encountered in practice so as to make the analysis necessary. Although the application of the legal provision may seem simple at first glance, it still raises a number of issues related to the legal object of the crime, which is then reflected in the existence or not of a passive subject, with consequences in the legal classification of the facts in the context in which the services of several minors who practice prostitution are used. It is also relevant to clearly establish the scope of the actions that fall within the material element of the crime, as well as what it means, in fact, the subsidiary character conferred by the legislator to this provision.

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