The operative part of uniformity decision no. 2/2016 BJE

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The felony offence of sexual violence committed against a person not having attained the age of 12 years violates Section 197 subsection (1) of Act no. C of 2012 on the Criminal Code and is, in view of subsection (2), to be characterized under subsection (4) point a) where the aggrieved party is a relative of or is brought up or supervised or cared or medically treated by the perpetrator or is in any other manner under the power or influence of the perpetrator, regardless of whether coercion has been used by the perpetrator.