The crime of child pornography, within the spanish penal code, is regulated in its one hundred and eighty-nine article, which is quite extensive. Throughout this article, we are going to discover all the ins and outs of the aforementioned crime, with the help of two Lawyers who are in the select group of the BEST specialists in the legal defense of this type of crimes, throughout Spain; the criminal lawyers, MANUEL RINCÓN and JAVIER RINCON, directors of RINBER ABOGADOS, the firm that defends the most cases of this type of crime throughout the country.
IS LOOKING FOR CHILD PORNOGRAPHY A CRIME?
Indeed, as expert lawyers MANUEL and JAVIER RINCÓN affirm, searching for child pornography is a crime. Normally this material is obtained through what are called P2P networks, (person tu person), such as EMULE or ARES.
Once these are accessed, it is possible, with some basic knowledge, to access that material. Accessing that 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 smallest consequence, can entail a custodial sentence, from one to another. five years in prison.
CRIME OF STORAGE OF CHILD PORNOGRAPHY
Within the aforementioned article one hundred and eighty-nine of the Spanish penal code, the storage of child pornography, among other behaviors, is punished. At this point, it seems interesting to point out, as our specialist tells us, JAVIER RINCON, criminal lawyer, that storage, EVEN IF IT IS FOR PERSONAL USE, IS A CRIME.
As the director of RINBER ABOGADOS tells us, there are many people who tell him: But if it is for personal use?, always the same answer: POSSESSION OF PORNOGRAPHY is a crime, for own use, but if Furthermore, if distributed, the sentence is higher. The protected legal asset is the indemnity of minors. Prevent people from profiting at the expense of minors.
CRIME OF POSSESSION OF CHILD PORNOGRAPHY
As a way of committing the crime, as we are informed by this law firm specialized in the criminal defense of this type of crimes nationwide, RINBER ABOGADOS, is the most typical and common figure that is carried out. This material comes from downloading 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 pedophile files, “decoys”, which when downloaded, leave a TRACE to the IP address of the computer of the person who has downloaded this type of files. . 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 THE ACCIDENTAL DOWNLOAD OF CHILD PORNOGRAPHY A CRIME?
Downloading 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 to commit the crime the INTENTIONALITY of the person who commits it is necessary.
You must want to commit the crime, you cannot commit a crime recklessly. Now, in some cases, we have found the need to PROVE that the download 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 proven 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, let's say, advisable advice.
Indeed, yes, it answers our question. JAVIER RINCON, lawyer specialized in these matters. The possession and/or possession of child pornography is a crime included under the chapter of crimes related to the corruption of minors, which are included in article one hundred and eighty-nine of the penal code. The basic type of this crime of possession of child pornography carries a custodial sentence ranging from one to five years in prison.
TREATMENT OF THE CRIME OF CHILD PORNOGRAPHY
As we have been commenting, the crime of child pornography, as such, is included in articles one hundred and eighty-nine, and related articles, of the penal code. The processing or treatment of this crime, once its commission has been confirmed, follows the procedures of the abbreviated procedure, from a procedural point of view. The criminal defense regarding the accusation for this crime must be addressed (MANUEL RINCÓN tells us, 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 said, by the security forces and bodies of the state of possession and distribution, when in reality, only the existence of possession can be proven, and of course, the issue, from the point of view of the imposition of a custodial sentence, changes a lot.
IS VIEWING CHILD PORNOGRAPHY A CRIME?
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 was the result of a mistake. Logically, this will be established if only one, two or three files have been found on the computer or removable disks of the person being investigated, not thirty. Visualization, if it comes from a download or possession, will indeed be considered a crime. There is no doubt, says JAVIER RINCÓN, lawyer specializing in the defense of these issues.
IS IT A CRIME TO SPREAD CHILD PORNOGRAPHY FILES?
If you doubt. The criminal defense for a formal accusation of a crime of possession of child pornography, as JAVIER and MANUEL RINCÓN, (RINBER ABOGADOS), tell us, is simpler. The criminal defense of an accusation for a crime of dissemination of child pornography has become more complex, however there are different issues that are essential for a person to be held accountable for the dissemination itself. Not everything is diffusion, and furthermore, this 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 thing happens with the distribution of child pornography. Normally this type of crime is carried out through “P2P” file distribution networks (which means person to person), files that are shared between people directly. But the crime of distributing child pornography cannot be committed recklessly, but the commission must be intentional, so 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 the criminal defense of this type of crime, JAVIER RINCÓN, criminal lawyer, tells us.
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 provision of the penal code, what is sanctioned is not only an attack on the indemnity of the development of minors, but also that this pornographic material is subject to distribution, sale and therefore profit.
CRIME DISSEMINATION OF CHILD PORNOGRAPHY
By dissemination we all understand the exhibition, projection of images, films, or other graphic video documents with sexual content related to minors, regardless of the fact that in the remaining sections of this article of the penal code, what is punished is the fact of doing business with the sexual indemnity of minors.
CHILD PORNOGRAPHY ON P2P NETWORKS
P2P networks are those found on the Internet that serve to exchange (normally legal) material (we do not want to demonize this type of networks at all) between individuals. At the same time that a person is downloading a certain file (for example, a singer's discography), they are sharing other files (for example, certain albums). Well, there are other people who use this type of networks to exchange child pornography, therefore 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 entourage actions of this type of crime. Both the possession, distribution, sale or dissemination of child pornography are the elements of the crime of pedophilia.
Persecuted by article one hundred and eighty-nine of the Spanish penal code. Punishes any type of activity related to child pornography. The custodial sentence, in its basic type, ranges from one to one hundred years in prison.
CRIME OF CHILD PORNOGRAPHY IN ARES and EMULE
It is the most commonly committed crime in relation to child pornography. In fact, according to what RINBER ABOGADOS, lawyers specializing in the criminal defense of this type of matters, tell us, ninety percent of crimes are committed through these networks. ARES and EMULE are two file-sharing platforms that may be related to child pornography among the files being exchanged.
PEDOPHILY IN ARES and EMULE
They are through networks, known as P2P networks, where these types of crimes are usually committed, 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 asset 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 matters.
CRIME OF CHILD PORNOGRAPHY PRODUCTION
The crime of production of child pornography is one of the aspects that are included, regarding the commission of the crime of child pornography. A serious and complicated crime. By production, (and if we were talking about a normal film), we understand all the actions necessary for the creation of a certain film.
In the case of the production of child pornography, we speak in the same terms as above, but of course, referring to material that, in itself, is a crime, which is child pornography itself. What is sanctioned, in addition to compensation, would be the obtaining of profit.
CRIME SELLING 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 dedicated to the production, and in this specific case, the sale of this type of very 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 fall within the basic criminal type of article one hundred and eighty-nine of the penal code, it is related to the exhibition of pornography, the acts of revealing some type of film before a group of people, (cinema type), or meeting of adults, publicly or privately.
This action is being pursued decisively by the authorities, RINBER ABOGADOS tells us. In addition to the exhibition of child pornography itself, normally in these types of cases the commission of other types of crimes related to the corruption of minors can be found.