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When the legislator considers that a concept used in a legal text has a meaning specific to the field regulated by the respective provisions, he chooses to provide a legal definition for it. This is the case of the notion of "public servant", which benefits from a legal definition in the content of Art. 175 of the Criminal Code, this definition being necessary for understanding the criminalization rules to which the author has this qualification. Sometimes, for reasons of criminal policy, the legislator chooses to criminalize distinctly, in an attenuated version, the same behaviour but committed by persons other than the public servant, as it is the case with the provisions of Art. 308 Para. (1) of the Criminal Code. The problem that arises is that of applying these legal provisions to concrete cases. [ABSTRACT FROM AUTHOR]

Like any other normative act, the Criminal Code must respond to the need of being in line with the evolution of society and when this evolution requires the adoption of a new one, there is, in practical terms, the situation in which the intervention of a new criminal law from the moment the crime is committed until the moment a final ruling in set out for it, imposes to the court the application of the more favorable criminal law. This paper is useful to both theorists and practitioners of law because it brings into question the way in which a more favorable criminal law is applied to a specific case [ABSTRACT FROM AUTHOR]

In addition to the innovations included in the new Criminal Code, the legislator of this legal act makes a number of amendments to the existing institutions and offenses in the criminal law. Such a situation is encountered for the offense of murder or injury of the newborn committed by the mother provided in Art. 200 N.C.C., offense that partly corresponds to the offense of infanticide described in Art. 177 of the Criminal Code in force. The legislator considered it necessary to also criminalize in the new Criminal Code the act of injury of the newborn committed by the mother, along with the action of killing, a situation that rightly caused the change of the marginal name of the offense. Moreover, another interesting aspect that also constitutes the focus of our approach is represented by the two phrases which are different from those in the legal text in force, i.e. „immediately after birth but not later than 24 hours“ and „state of mental disorder“, which are designed to equalize the views expressed in the criminal literature regarding the analyzed crime and the practice in the field. [ABSTRACT FROM AUTHOR]