Unele aspecte jurisprudențiale referitoare la infracțiunea de agresiune sexuală prevăzută de art. 219 din Codul penal
Starting from the question of whether the act of touching/groping in the rear area of the body (buttocks/bottom), by surprise and unaccompanied by an act of physical violence, threat or other form of explicit coercion, is circumscribed to the material element of the objective side of the crime of se...
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| Published in: | Revista Pro Lege no. 1; pp. 73 - 98 |
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| Main Author: | |
| Format: | Journal Article |
| Language: | Romanian, Moldovan |
| Published: |
Universul Juridic
2024
Universe of Law |
| Subjects: | |
| Online Access: | Get full text |
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| Summary: | Starting from the question of whether the act of touching/groping in the rear area of the body (buttocks/bottom), by surprise and unaccompanied by an act of physical violence, threat or other form of explicit coercion, is circumscribed to the material element of the objective side of the crime of sexual aggression, this analysis addresses two distinct issues: on the one hand, an aspect related to the definition of the phrase "act of a sexual nature" within the provisions of art. 219 of the Criminal Code and, on the other hand, the inclusion of the author's way of acting by surprise in one of the requirements attached to the material element of the crime, respectively "by coercion, making it impossible to defend oneself or to express one's will or taking advantage of this state". |
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| ISSN: | 1224-2411 |