
The author aims to demonstrate the need to amend Article 198 of the Penal Code. The objections raised in the paper lead to the conclusion that the current wording of this provision is not the result of a well-thought-out decision of a rational legislator. The author refers to other fields of knowledge and
puts forward appropriate de lege ferenda postulates regarding the desired changes in Article 198 of the Penal Code. Postulates are based on a dogmatic analysis of the penal provision (formal-dogmatic method).