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Iohannis promulgates law that increases punishment for sexual aggression against minors
President Klaus Iohannis promulgated the law increasing punishment for sexual aggression against minors. The bill modifies and completes law 286/2009 on the Penal Code, and amends art.223, paragraph 2, of law 135/2010 on the Penal Procedure Code.
The document promulgated by the head of state introduces sexual acts with a minor and rape in the category of crimes for which prescription does not remove penal responsibility. “Recruiting, transporting, transferring, harboring or receiving a minor, for the purpose of exploiting him is punished with prison terms from 5 to 10 years and the interdiction of certain rights,” according to the law promulgated by president Iohannis.
When the crime is committed by a family member or by a person who lives with the victim or the crime is committed by a person who takes care, educates the minor or the violator takes advantage of confidence or authority over the minor or his vulnerability owed to a physical of psychic handicap, a situation of dependence, of physical or psychic incapacity or other causes, are punished by jail terms from 7 to 12 years and the interdiction of certain rights.
If two or more persons commit pimping together with a person who had committed a crime against the sexual integrity and freedom of a minor, child pornography or pimping with a minor, the punishment can grow by a third.Punishments are higher in the case of attracting minors for sexual purposes or for their sexual corruption.
The bill was adopted on June 30 by the Chamber of Deputies and on July 16 the government informed the Constitutional Court about this law. The Executive explained that the bill infringed the Constitution because it “sets up a discriminatory treatment among among persons who committed crimes of a similar gravity.” At the end of September, the Constitutional Court rejected the complaint formulated by the government about the amendment of the bill.