The crime of child pornography, within the spanish penal code, is regulated in its article one hundred eighty-nine, which is quite extensive. Throughout this article, we are going to discover all the ins and outs of the aforementioned crime, hand in hand, with two Lawyers who are in the select group of the BEST specialists in the legal defense of this type of crime. crimes, in all Spain; criminal lawyers, MANUEL RINCÓN and JAVIER RINCON, directors of RINBER ABOGADOS, the firm that defends the most cases against this type of crime throughout the country.
IS SEARCHING FOR CHILD PORNOGRAPHY A CRIME?
Indeed, as the expert lawyers MANUEL and JAVIER RINCÓN affirm, looking for child pornography is a crime. Normally this material is obtained through what are called P2P networks, (person your person), such as EMULE or ARES.
Once these are accessed, it is possible, with basic knowledge, to access that material. Accessing this material is a CRIME, and it is not a minor crime, because in its basic type, we are talking about the commission of this crime, in its minor consequence, can lead to a custodial sentence, from one to five years in prison.
CRIME OF STORAGE OF CHILD PORNOGRAPHY
Within the aforementioned article one hundred and eighty-nine of the Spanish criminal code, the storage of child pornography is sanctioned, among other behaviors. At this point, it seems interesting to point out, as our specialist tells us, JAVIER RINCON, criminal lawyer, that storage, EVEN FOR PERSONAL USE, IS A CRIME.
As the director of RINBER ABOGADOS refers to us, there are many people who say to him: But if it is for personal use? Always giving the same answer: POSSESSION OF PORNOGRAPHY is a crime, for personal use, but if In addition, if distributed, the sentence is higher. The protected legal right is the indemnity of minors. Avoid people who profit at the expense of minors.
CRIME OF POSSESSION OF CHILD PORNOGRAPHY
As a way of committing the crime, according to information from this law firm specialized in the criminal defense of this type of crime at a national level, RINBER ABOGADOS, is the most typical and common figure that is carried out. This material is downloaded from different file sharing portals, such as EMULE or ARES, or through the DEEP WEB.
Normally, except for important raids, the different technological crime brigades, CIVIL GUARD or NATIONAL POLICE, place pedophilic files, "decoys", which, when downloaded, leave a TRACE to the IP address of the computer of the person who has downloaded this type of file. . This is the way in which the police "hunt" those people who download child pornography, to open criminal proceedings against them for such crime.
IS IT A CRIME TO ACCIDENTALLY DOWNLOAD CHILD PORNOGRAPHY?
The downloading of child pornography, in itself, is a crime. As such, the crime of possession of child pornography is an intentional crime. What does it mean that the crime of pornography is an intentional crime? This means, in the words of MANUEL and JAVIER RINCÓN, criminal lawyers at RINBER ABOGADOS, that in order to commit the crime, the INTENTIONALITY of the person who commits it is necessary.
You must want to commit the crime, you cannot commit the crime recklessly. However, in some cases, we have found ourselves with the need to PROVE that the discharge was accidental. There are different ways to prove this circumstance.
If it is a single file, or on the contrary, if a file is downloaded that, for example, is called "adult cinema" and finally turns out to be child pornography, then it could be shown that it was an accident. It would be advisable to delete it immediately from the computer, and stop visiting those file download portals, it is a piece of advice, let's say, recommended.
Indeed, yes, it answers our question. JAVIER RINCON, a lawyer specializing in these matters. Possession and/or possession of child pornography is one of the crimes included in the chapter on crimes related to the corruption of minors, which are collected from article one hundred and eighty-nine of the penal code. The basic type of this crime of possession of child pornography is accompanied by a custodial sentence ranging from one to five years in prison.
TREATMENT OF THE CRIME OF CHILD PORNOGRAPHY
As we have been commenting on the crime of child pornography, as such, it is included in articles one hundred and eighty-nine, and concordant articles of the penal code. The processing or treatment of this crime, follows, once its commission has been verified, the procedures of the abbreviated procedure, from a procedural point of view. The criminal defense regarding the accusation for this crime must be addressed, (indicates MANUEL RINCÓN, specialist lawyer in the matter), from a double perspective.
From a procedural aspect, that is, that all procedural moments are respected, and from a perspective, more related to the type itself, since on many occasions it is spoken, by the security forces and bodies of the state of possession and distribution, when really, only the existence of possession can be proven, and of course, the question, from a point of view of the imposition of a custodial sentence, changes a lot.
IS IT A CRIME TO VIEW CHILD PORNOGRAPHY?
There are many points of view that frame the crime of child pornography. It is difficult to specify a certain activity, as typical of the commission of the crime. Viewing a file that we have downloaded by mistake should not be considered a crime. Of course, if it is true, it has been the result of an error. Logically, this is how it will be established, if only one, two or three files have been found on the computer or on the removable disks of the researcher, not thirty. The visualization, if it comes from a download or a possession, indeed, yes, it will be considered a crime. There is no doubt, affirms JAVIER RINCÓN, lawyer specialized in the defense of these issues.
IS IT A CRIME TO DISSEMINATE CHILD PORNOGRAPHY FILES?
If you doubt. The criminal defense for a formal accusation of a crime of possession of child pornography, according to what JAVIER and MANUEL RINCÓN, (RINBER ABOGADOS) tell us, is simpler. The criminal defense of an accusation for a crime of dissemination of child pornography, became more complex, however there are different issues that are essential for a person to respond for the dissemination itself. Not everything is diffusion, and furthermore, that diffusion must be accredited by the police. Not everything is valid to affirm the diffusion.
IS IT A CRIME TO DISTRIBUTE CHILD PORNOGRAPHY FILES?
The same occurs with the distribution of child pornography. Normally this type of crime is committed through “P2P” file distribution networks (which means person to person), files that are shared between people directly. But a crime of distributing child pornography cannot be committed recklessly, rather the commission must be intentional, so that if the subject does not expressly know that he is distributing pornographic material, he cannot be punished for that crime. This is one of the keys to criminal defense of this type of crime, says JAVIER RINCÓN, a criminal lawyer.
CRIME DISTRIBUTION OF CHILD PORNOGRAPHY
It is one of the criminal actions sanctioned by article one hundred and eighty-nine of the penal code. What the crime protects is the indemnity of minors in their free emotional and personal development. Also, there is no doubt, on a sexual level. With this precept of the criminal code, what is sanctioned is not only an attempt against the indemnity of the development of minors, but also that this pornographic material is the object of distribution, sale and therefore profit.
CRIME DISSEMINATION OF CHILD PORNOGRAPHY
By diffusion we all understand the exhibition, projection of images, films, or other graphic video documents of sexual content related to minors, apart from the fact that in the remaining sections of this article of the penal code, what is sanctioned is the fact of doing business with the sexual indemnity of minors.
CHILD PORNOGRAPHY IN P2P NETWORKS
P2P networks are those found on the internet, which are used for the exchange of material (usually legal), (we do not want to demonize this type of network at all), between individuals. At the same time that a person is downloading a specific file (let's take a singer's discography as an example), they are sharing other files (for example certain discs). Well, there are other people who use this type of network to exchange child pornography, thus committing the crime of possession and/or distribution of child pornography.
Crime prosecuted by our Spanish penal code, specifically in article one hundred and eighty-nine. It is a dense precept, and it includes all the possible comititive actions of this type of crime. Both the possession, the distribution, the sale or dissemination of child pornography are the elements of the crime of pedophilia.
CHILD ABUSE CRIME
Persecuted by article one hundred eighty-nine of the Spanish penal code. Sanctions any type of activity related to child pornography. The custodial sentence, in its basic type, ranges from one to one hundred years in prison.
CHILD PORNOGRAPHY CRIME IN ARES and EMULE
It is the most commonly committed crime in relation to child pornography. In fact, according to what RINBER ABOGADOS, lawyers specialized in criminal defense of this type of matter, told us, it is through these networks that ninety percent of crimes are committed. ARES and EMULE, are two file sharing platforms, susceptible that among the files exchanged, they are related to child pornography.
PEDOPHILIA IN ARES and EMULE
These types of crimes are usually committed through networks, known as P2P networks, by disseminating and exchanging files with pedophile content, related to child pornography.
CRIME OF CORRUPTION OF MINORS
The crime of corruption of minors is included in article one hundred and eighty-nine of the penal code. It is a crime, where the protected legal right is the indemnity of the minor. The minor must evolve in his personal, social and individual development, in a natural way.
Not forced, therefore, any interference of a sexual nature is what is effectively punished for this crime, says MANUEL RINCÓN, criminal lawyer, expert in criminal defense of this type of matter.
CRIME OF PRODUCTION OF CHILD PORNOGRAPHY
The crime of production of child pornography is one of the aspects that are collected, with respect to the commission of the crime of child pornography. A serious and complicated crime. By production, (and if we were talking about a normal movie), we understand all the actions inserted for the creation of a certain movie.
In the case of the production of child pornography, we speak in the same terms as above, but of course, referring to a material, which in itself is a crime, which is child pornography itself. What is sanctioned, in addition to indemnity, would be obtaining profit.
CRIME SALE OF CHILD PORNOGRAPHY
Like other types of figures, it is related to the provisions of the chapter of the penal code, related to the corruption of minors. This criminal figure is usually related to certain organized gangs for the production, and in this specific case, the sale of this type of highly sensitive material.
What it is about protecting in the indemnity of childhood. Logically, the sale of this type of material is persecuted, but what it is about is that this type of material is not even produced.
CRIME EXHIBITION OF CHILD PORNOGRAPHY
It is one of the figures that are framed within the basic criminal type of article one hundred eighty-nine of the penal code, it is related to the exhibition of pornography, the facts of revealing some type of film before a group of people, (type cinema), or gathering of adults, publicly or privately.
This action is resolutely pursued by the authorities, RINBER ABOGADOS tells us. In addition to the display of child pornography itself, normally in this type of case the commission of other types of crimes related to the corruption of minors can be found.