He child pornography crime is one of the great international problems that has advanced with the technology. Given the vulnerability of children, greater protection is required.
He child pornography crime It is committed by those who use minors for the purpose of disseminating pornography. This is a violation of your rights before the elaboration of material to show shows pornographic.
Regardless of the type of format or recording, these activities entail a consequence before the code penal Spanish. The accusation usually through the crime of prostitution and corruption of minors with the use of networks.
Crime of child pornography in Spanish territory
In recent times the Police National of Spain has arrested a large number of people for distributing material pornographic. The common media for dissemination are networks especially social instagram and Facebook.
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The increase of these crimes in recent years it is alarming given the participation of minors. He Center National for missing and exploited minors has communicated that minors self-produce these materials to upload them to the networks.
The Third Group for the Protection of Minors of the Central Unit of cybercrime handles these cases. The organization acts before the possibility of sharing audiovisual material of exploitation sexual childish.
In 2020, 866 were committed in Spain crimes that were related to the pornography childish. This situation has been on the rise since 2016 when 621 crimes related to the pornography juvenile.
Considerations of the Spanish Penal Code regarding child pornography crimes
In the penal code you will find article 189, chapter 5, which explains the prostitution in minors. The aspects that determine prostitution and sexual exploitation in minors are individuals and specific.
He code penal explains that these crimes involve both minors and special persons. In the Spanish territory it is considered as pornography childish to material that involves the sexual participation of these victims.
It doesn't matter if the situation was it real or was it simulated, in view of the fact that their sexual organs are exposed for purposes of entertainment. This involves all recordings that expose the sexual organs of a minor.
Organic Law 1/2015 and EU Directive 2011/93 define the conception of pornography childish. These laws expand the involvement of sexual conduct and images realistic juvenile.
The stipulation of the laws explains that the pornography childish involves the act of production and dissemination of pornographic shows. The acquisition of the material is also punished according to the code Spanish criminal.
A section of the law stipulates the sanction for those people who access the pornography With technology. These media are the new accesses that support the pornography childish.
Elements of sexual indemnity
Those behaviors that attack minors under 16 years of age or people with disabilities fall into sexual indemnity. Laws present a special legal protection with those people who do not consent to the sexual act.
This vulnerability is protected by judgment 796/2007, understanding that it threatens the well-being psychic. What is considered as an attack against the process of sexual formation and the freedom sexual.
Objective type of sentences in the penal code
He crime pornography childish fall on judgment 826/2017 where a link is made between articles 186 and 189. The objective of these articles is the joint application in the code Spanish criminal.
There is talk of the diffusion or exhibition of that material that is finished as pornographic to be sold. The exhibition of this type of material is also considered pornographic in front of the subject.
These kinds of behaviors are sanctioned before any medium that physically exposes the diffusion of this pornography. As long as the objects in this exhibition are minors or people with disabilities.
HE sanctions in the event that the conduct is intentional to affect the training or education of the recipients.
In it code penal Article 189.1 establishes certain circumstances that make up the crime pornography childish. In this article a connection is made regarding the legal definition of crime.
Where it is stated that the main element of this crime It is the use of people with disabilities or minors. In these cases, the conduct on the part of the people It will have two special sections.
The first is related to the act of creation or exhibition of this type of material. Second deals with the circulation of the material of pornography infant in the territory Spanish.
These elements are considered the creation, sale or distribution of the material. pornographic. Without forgetting that the facilitation of these means is considered as a crime.
Child pornography through web browsers
The news technologies facilitate the dissemination of the crime of child pornography through the Internet. The use of networks is becoming more and more common. communication by the grid of prostitution of minors.
There are companies like Google that works closely with state organizations and entities to protect the children. The objective is to search, find and eliminate this type of material, but also report to the guilty.
In the case of having material for the consumption of the pornography child this action is punishable by law. In Spain the crime pornography childish It has a penalty that ranges from 3 months to a year in prison.
The penalty fee in this context it will be between 6 months to 2 years, where the penalties are subject to the material. In the event that parents are aware of this rape that children suffer will be punished.
The sorrows they vary between 3 to 6 months in prison and a fine of 6 to 12 months. Faced with this situation, the Ministry Fiscal will act for the cessation of parental authority.
The Police National, the judges and courts work to remove the web pages that carry out this type of infusion. The main purpose is to block the use of the Web for this type of crime.
He cyberactivism is in charge of finding those responsible for the pornography childish to condemn them. Currently, this work is carried out jointly by civil society and the National Police.
He crime pornography childish It has reached its maximum importance in the different countries of the world. This is one of the reasons why there are direct laws emanating from the Union European.