Best Child Pornography Crime Lawyer Spain 2023
The Spanish Penal Code typifies the crime of child pornography in its article 189, which establishes the following:
Anyone who produces, reproduces, distributes, or facilitates the production, reproduction or distribution by any means of child pornography.
Anyone who possesses child pornography in any type of support or electronic or telematic instrument will be punished with a prison sentence of six months to two years.
Anyone who fully or partially finances the realization of pornographic activities in which minors participate.
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Anyone who has in their possession instruments or programs specifically intended for the production of pornographic material for minors will be punished with a prison sentence of between six months and two years.
It is important to note that, according to the Spanish Penal Code, it is considered child pornography to any representation of minors engaged in explicit, real or simulated sexual activities, or any representation of their genital parts for primarily sexual purposes.
He best child pornography crime lawyer in Spain, JAVIER RINCON, criminal lawyer and director of RINBER ABOGADOS, tells us about two of the main lines of defense against an accusation for a crime of child pornography: Fleeting possession and the attack on an incorrect police report.
Javier Rincón, considered best child pornography crime lawyer in Spain, affirms that in the jurisprudence of the Spanish Supreme Court it establishes that the fleeting possession of material related to child pornography it is not enough to constitute a crime, as long as it is an involuntary and brief access to the material in question.
Specifically, it states best child pornography crime lawyer in Spain, that the Supreme Court has ruled in various judgments on this matter, establishing that the fleeting possession of material related to child pornography does not constitute a crime if it is shown that access to it was involuntary, brief and without the intention of obtaining sexual gratification.
Spanish Penal Code
However, it is important to take into account that the voluntary and conscious possession of material related to child pornography does constitute a crime according to the Spanish Penal Code, and can be punished with prison terms of between six months and two years, as established in article 189.2 of the aforementioned Code.
Says Javier Rincón, considered best child pornography crime lawyer in Spain, that the police report is a fundamental document for the purposes of incriminating the crime of child pornography in Spain. This document, drawn up by the judicial police, is a written account of the events that led to the police intervention and constitutes proof of charges in the criminal proceedings.
In the case of crimes related to child pornography, the police report is especially relevant since it allows documenting the existence of pornographic material and its possession, production, distribution or financing, as appropriate. In addition, the report includes relevant details such as the date, time and place where the crime occurred, the identity of the alleged perpetrator or perpetrators, as well as any other relevant circumstance that may serve as evidence in criminal proceedings.
It is important to highlight, affirms Javier Rincón, considered best child pornography crime lawyer in Spain, that, in the case of crimes related to child pornography, possession of the material is considered a crime by itself, so the existence of a police report documenting said possession may be decisive for the incrimination of the alleged perpetrator.
In short, the police report is essential evidence in criminal proceedings in the case of crimes related to child pornography, since it allows documenting the existence of the crime and serving as proof of charge in the trial.