Punishability of child pornography<\/h3>\nPossession and access<\/h4>\n
The acquisition or possession of child pornographic material is punishable by Article 383bis \u00a72 Criminal Code.<\/p>\n
The \"lovers of the genre\" are resourceful. The files are no longer downloaded to one's own PC, but are stored somewhere central, in a place inaccessible to justice. A code or payment gives access to the images, without any form of criminal \"possession.<\/p>\n
For this reason, knowingly gaining access to child pornography by means of information and communication technology is also punishable. This may be evidenced by online payment traffic to operators of child pornography sites, combined with a record of the websites visited.<\/p>\n<\/div>\n
Create and distribute<\/h4>\n
Making or distributing child pornography is punishable by Article 383bis \u00a71 Criminal Code.<\/p>\n
View<\/h4>\n
In principle, viewing child pornography is not punishable.<\/p>\n
There are 2 reasons for this: first, it is very difficult to prove that a particular person watches porn; second, it may happen that someone is sent such a file unsolicited and, unknowingly, opens it.<\/p>\n
However, if it is proven that the individual knowingly visits a Web site and views the images, this is sufficient for the Supreme Court to find possession of child pornography (Cass. Feb. 3, 2015, AR P13.2070.N; Cass. April 20, 2011, AR P10.2006.F)<\/p>\n<\/div>\n\n\n\n