September 6, 2021
The Bill and the Protection of Minors (I)
#TheSovereigntyLaw criminalises and punishes with up to 20 years’ imprisonment the act of causing a minor who has not reached 18 to modify their biological sexual identity acquired at birth.
Bringing within the sphere of criminal illegality the act of infringing the provisions of Law 272/2004 on the protection and promotion of the rights of the child, as amended by art. 6 of the Sovereignty Law (an article you will find in my previous posts), is the only manner in which the grave mental, psychic and behavioural disturbances that such an act may cause the minor can be avoided. In this way, unlike the legislative “model” proposed by the Hungarian conservative government, which leaves the act of “perverting” the minor unpunished, the Sovereignty Law will protect concretely and effectively the higher interest of the child and the physical and psychic health of the Romanian people.
Article 9
Law no. 286 of 17 July 2009 on the Criminal Code, published in the Official Gazette no. 510 of 24 July 2009, as subsequently amended and supplemented, is amended and supplemented as follows: (…)
(2) In article 197, after paragraph (1), two new paragraphs are introduced, paras. (2)–(3), with the following content:
“(2) The act of causing a minor who has not reached the age of 18 to modify their biological sexual identity acquired at birth is punished by imprisonment of from 7 to 15 years.
(3) If the act provided for in the preceding paragraph was committed by a parent, guardian, teacher or professor, or if it produced physical consequences upon the minor, the special limits of the penalty are increased by one third.
(…)”
Explanatory Memorandum:
“Article 9 amends Law no. 286/2009 — the Criminal Code, bringing the legislation in this field into accord with the latest decisions of the Constitutional Court, and also with the legislative amendments introduced by the present legislative proposal.
(…)
Paragraph 2 amends Art. 197 of the Criminal Code, with the marginal title ‘Ill-treatment of a minor’, introducing two new paragraphs, namely paragraphs 2 and 3. In paragraph 2 of article 197 there is criminalised ‘The act of causing a minor who has not reached the age of 18 to modify their biological sexual identity acquired at birth’, regardless of whether or not it achieved the outcome sought by the perpetrator. The reason for criminalising this act lies in the grave mental, psychic and behavioural disturbances that such an act may cause the minor, even though the minor cannot alone dispose of the effective, physical modification of the sexual identity acquired at birth. Paragraph 3 introduces an aggravating circumstance to the act provided for in paragraph 2, as introduced by the present bill, increasing by one third the penalty applied to the perpetrator if he has the capacity of parent, guardian, teacher or professor, or if the act itself produced physical consequences upon the minor, regardless of the capacity of the perpetrator.
(…)”
TO BE CONTINUED.
Postscript:
If you agree with the principles promoted by the Sovereignty Law, sign up as a volunteer in the #ArmyOfSovereignty at http://VremSuveranitate.ro/ !
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