Controversies traced out in the definition of prostitution in the Moldovan legislation
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2024-04-22 19:22
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STATI, Vitalie, RENIŢĂ, Gheorghe. Controversies traced out in the definition of prostitution in the Moldovan legislation. In: Juridical Tribune, 2019, vol. 9, nr. 2, pp. 402-435. ISSN 2247-7195.
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Juridical Tribune
Volumul 9, Numărul 2 / 2019 / ISSN 2247-7195 /ISSNe 2248-0382

Controversies traced out in the definition of prostitution in the Moldovan legislation

JEL: K14, K19, K38

Pag. 402-435

Stati Vitalie, Reniţă Gheorghe
 
Moldova State University
 
 
Disponibil în IBN: 17 aprilie 2024


Rezumat

Practicing prostitution in the Republic of Moldova is an administrative offence. Thereat, any attempts of enticing, coercing or facilitating engagement of a person into practicing prostitution is regarded as an offence of pimping. Likewise regarded as an offence of pimping is the case when the offender is taking advantage of recruiting certain persons into practicing prostitution. In October 2018, the Parliament of the Republic of Moldova proceeded to pass a law giving the following definition to the notion of “prostitution” – gratification of sexual desire of a person by any method and/or means in return for money, including such as the use of information technologies or electronic means of communication. Thereat, one could derive that dissemination of the erotic webcam performances via the Internet for certain category of website visitors against payment might constitute prostitution. Clearly highlighted in present article was the fact that the like activities constitute pornography rather than prostitution. Prostitution require a physical contact. The authors have demonstrated that the definition of prostitution provided by the law contravenes to the case law of the Constitutional Court of the Republic of Moldova as well as to some of the regulations passed under the auspices of the Council of Europe and European Union. Finally, the authors suggested a new wording for the notion of prostitution, i.e.: engaging in sexual activity with different individuals benefiting on the services provided by female or male prostitutes, the latter thus pursuing to acquire the means of subsistence or the main source of livelihood. 

Cuvinte-cheie
prostitution, cyberprostitution, pornography, erotic video-chat, erotic shows, sexual services online, case law divergences, predictability