TPC art. 104
Sexual Intercourse with a Minor
Definition & Legal Framework
Article 104 separately criminalises sexual intercourse with a minor over 15, absent force, threat or deception. The basic form requires a complaint; where the perpetrator has a defined relationship of care or proximity to the child, no complaint is needed. Age and consent assessments are technical and require careful handling.
Victim’s Rights
- The right to full information on the scope and time limit of the complaint
- The right to have counsel and, where needed, an expert present during statements
- The right to request confidentiality of identity and private-life details in the file
- The right to protection against secondary trauma at every stage
Complaint Process
- 01
Filing the complaint and submitting age-related documentation
- 02
Hearing the parties and collecting evidence
- 03
Assessment of the offence classification and indictment
- 04
Trial and verdict follow-up
Frequently Asked Questions
How does this differ from art. 103?
Art. 103 covers all sexual conduct towards children under 15; art. 104 separately penalises apparently consensual intercourse with a minor over 15. The distinction is technical and case-specific.
What is the complaint deadline?
Six months for the basic form. No deadline applies to forms not subject to complaint.
Can the process continue if the family does not complain?
In the complaint-based basic form the victim’s will is decisive; aggravated forms are investigated ex officio.
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