標題: Most striking news Among the new features incorporated [打印本頁] 作者: shetu24 時間: 2024-3-16 17:51 標題: Most striking news Among the new features incorporated
The new law, we highlight the following: When a person is sentenced to a prison sentence of more than 5 years for a crime of sexual assault on a minor under 16 years of age, or human trafficking against minors or people with disabilities, or for a crime of prostitution, sexual exploitation or corruption of minors, may not be classified in the third degree of penitentiary until half of the sentence has been served (art. 36.2 CP). Furthermore, it will be necessary in any case to have completed a treatment program for those convicted of sexual assault. When a person has been convicted of a crime against sexual freedom, forced marriage, female genital mutilation or human trafficking, in order for the prison sentence to be suspended, in any case the following conditions must be met : prohibition of approach , prohibition of reside or go to certain places and obligation to participate in re-education programs .
When a criminal court issues a conviction for a crime of forced marriage, it may rule on the declaration of nullity of the marriage, filiation or the establishment of maintenance . A new crime of harassment is expected. Creating accounts on social networks or web pages or making advertisements using the image of a person who has not given their consent for this purpose constitutes a crime if this causes the owner of the image a situation of DM Databases harassment, humiliation or harassment (art. . 172 ter 5 CP). A new minor crime against moral integrity is included. This will consist of addressing any person with expressions, behaviors or propositions of a sexual nature that create an objectively humiliating, hostile or intimidating situation for the victim , without constituting a more serious crime. The applicable penalty may be permanent location, community service or a fine. The difference between abuse and sexual assault is eliminated .
Now, any act carried out against a person's sexual freedom without their consent constitutes the crime of sexual assault. A new minor crime is recorded. It consists of continuing, without the consent of the owner, with a chain of dissemination of intimate images of a person when these have been revealed in a criminal manner - in the terms of art. 197.7 CP- by another person also without his or her consent and causing serious harm to his or her privacy. Now, the crime consisting of the request for sexual favors by an official from a person under his or her care is not limited to prison officials or juvenile protection or correction center officials, but is extended to officials who work in foreign detention centers and in any detention or custody center, even temporary (article 443.2 CP). Can this regulation apply to crimes committed before October 6, 2022? The answer is in article 2 of the Penal Code, which includes the principle of legality . Under this principle, no crime can be punished if it was not provided for by a law prior to its commission
