The Consequences of the Absence of a Benchmark Sentence in the Interpretation of Article 218, Section 1, Paragraph 1, Subparagraph 1 of the Criminal Code: A Critical Analysis of the Challenges in Substantive and Procedural Criminal Law

The article titled “The Consequences of the Absence of a Benchmark Sentence in the Interpretation of Article 218, Item 1, Paragraph 1, Subitem 1 of the Criminal Code: A Critical Analysis of the Challenges in Substantive and Criminal Procedural Law,” written by Ioana-Diana Farcaș, a student in the master’s program at the Faculty of Law, University of Bucharest – Judicial Career.

This article aims to critically analyze the serious deficiencies in legislative technique found in Article 218, item 1, paragraph 1, subitem 1 of the Criminal Code (introduced by the legislative reforms of 2023), highlighting the main difficulties identified in legal scholarship and case law as a result of the absence of a benchmark penalty for non-coercive sexual acts between minors. The study highlights how this omission partially paralyzes the mechanisms for individualizing penalties, creates a legislative vacuum that may make it impossible to hold adult participants accountable, and causes difficulties in interpreting certain institutions of criminal procedural law.

Ultimately, despite the initial intention to enhance victim protection, a poorly drafted text often results in a more lenient criminal law, while also undermining the predictability of the judicial process.