Infracțiunile de viol săvârșit asupra unui minor și agresiune sexuală săvârșită asupra unui minor – stabilirea legii penale mai favorabile

The entry into force of the new incriminations provided for by art. 218/1 of the Penal Code, art. 219/1 of the Penal Code and art. 219/2 of the Penal Code has led to numerous practical difficulties in determining the most favourable criminal law. On another occasion, we have analysed some controversial issues regarding the legal characterisation of acts that violate the freedom and integrity of the sexual life of minors under these texts. However, we note that there remain numerous contentious issues regarding the determination of the most favourable criminal law regarding these crimes. This study seeks to provide a "guide" to resolving them, attempting to cover as many of the hypotheses encountered in judicial practice or which are likely to be encountered in the near future as possible. The first part sets out some theoretical points of reference on the determination of the most favourable criminal law in general, while the second part develops in detail, both with regard to the crime of rape of a minor and the crime of sexual assault of a minor, numerous comparisons between the successive laws, with the proposed solutions.