Actuala configuraţie a infracţiunii de abuz în serviciu – claritate sau redundanţă?
The current configuration of the crime of abuse in service – clarity or redundancy?

Summary/Abstract: This article examines the amendment to Article 297(2). (1) of the Criminal Code by Law no. 200/2023, concluding that this has brought it into line with the Constitutional Court Decision no. 405/2016. The amended text has also been made compatible with the standard of foreseeability, as the concept of „law”, as defined and generically conceptualised in the above mentioned decision of the Constitutional Court, has been clearly defined in the incriminating text. In the new regulatory context, the incriminating text analysed is, as the Constitutional Court held, predictable in terms of the elements of objective typicality, even if the listing of the legislative acts subsumed under the notion of 'primary legislation', from both a synchronic and a diachronic constitutional perspective, complicates the reading slightly.

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