Autor: Cristian CUPȘE

Publicat în: Caiete de drept penal nr. 2/2021

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Titlul lucrării în limba engleză: Indecent exposure/public lewdness

Abstract: Before establishing, from a legislative point of view, certain conducts for which sanctioning and correction through criminal law is required, any tendency to generally repress them must reveal a deep and rational comprehension, as proximal as possible to the factual reality of the consequences of an antisocial attitude. From the precise perspective suggested above, the criminalization of the acts specified in the following article seems not to be based on theoretically conclusive grounds, given the positioning in the structure of the national Criminal Code in force, which differs significantly from the majority of ideas or norms externalized in foreign doctrines and legal systems, respectively. Thus, the aforementioned acknowledgement will be developed, for the beginning, by means of a concise presentation of the juridical treatment of indecent exposure/ public lewdness in comparative law and subsequently, in the Romanian framework. In support of such statements, the article will attempt to dispute, in a second chapter, which of the offences regulated by the former codification of 1969 are worthy of being considered in the corresponding current incrimination, even though both the legislator and the doctrine tend to be uncompromising with their respective statements. In order to provide the premises for a correct conceptualisation of the phenomenon, this research examines, we state that the primordial purpose is to naturally raise some doubts, because the observance of all fundamental principles of criminal law cannot be effectively carried out without a proper understanding of the factual motives that stand beyond unlawful behaviours.

Keywords: indecent exposure; public lewdness; correct conceptualisation; comparative law; sexual integrity and self-determination.