Crimes against sexual freedom occurring on the Internet
The Greek Criminal Code regulates two online crimes, both of which concern the violation of sexual freedom.
The first and most important is the trafficking of pornographic material. In particular, Article 384A of the Code of Criminal Procedure provides for the production, supply, sale, possession, etc. of pornographic material as a major offense, and as a distinct form in the case where the aforementioned acts are done through a computer or using the Internet.
Specifically, paragraph 2 provides that: "Any person who intentionally produces, offers, sells or otherwise distributes, transmits, purchases, supplies or possesses child pornography material or disseminates information about the execution of the above operations by means of a computer system or by using the Internet, is punished by imprisonment of at least two years and a fine of fifty thousand to three hundred thousand euros ".
Paragraph 3 gives the definition of pornographic material, which is the representation or real or virtual imprinting on an electronic or other body material of the body or part of a minor's body in a manner that manifestly provokes sexual arousal, as well as a real or virtual mischief an act carried out by or with a minor. This legislative definition is narrower than the definition in Article 1 (b) of the EU Framework Decision 2004/68, as it implies the provocation of sexual stimulation, which is not included in the Community text.
Furthermore, paragraph 4 sets out two aggravating cases of the same crime. In this provision, it is stipulated that "the acts of the first and second paragraphs shall be punished by imprisonment of up to ten years and a fine of fifty thousand to one hundred thousand euros: (a) if they were done on a professional and customary basis; (b) pornography is linked to exploitation of the need, mental or mental illness or physical dysfunction due to organic juvenile illness or to the exercise or threat of use of violence by a minor or to the use of a minor who has not completed individual year. If the act of Case B1 resulted in severe bodily harm to the victim,
The second offense concerns the infringing minor child on the Internet or other means of communication (eg mobile phone). Article 24 of Law 3500/2006 amended the provision of Article 342 of the Code of Criminal Procedure, which refers to the abuse of minors in a case of insubordination, which includes as a distinct form of infringment of minors in the case where the act is done through the Internet or other means communication.
More specifically, paragraph 4 of the above provision stipulates that:
"An adult who, through the Internet or other means of communication, has contact with a person who has not completed the sixteen years and with suggestions or narratives, depictions or presentations of acts relating to sexual life affects his infidel, shall be punished by imprisonment of at least one year and if the act is routinely committed with imprisonment of at least three years'.
This new provision is included in the law on domestic violence, to which it has been incorporated by amendment. The aim of the legislator was to introduce a provision to combat pedophilia in the context of the Internet. The provision of paragraph 4 of Article 342 of the Penal Code penalizes the offense of inflicting on the online environment the adult adult, which may also be pedophile.
It is worth noting that the crime is limited to adult perpetrators and avoids interference with antisocial behaviors taking place among minors on the internet or other media communications or in society.
Tackling similar Internet behaviors such as Article 342 § 4 CC is necessary to fill gaps in the protection of underage Internet users. In this respect, the Ministry of Justice announced the filing of a draft law criminalizing the offense of "grooming" children through the use of the Internet and mobile phones accessed by minors.
In our view, special care should also be taken to protect the personal data of minors. A brilliant example is the relevant law in the USA ( COPPA) .
The first and most important is the trafficking of pornographic material. In particular, Article 384A of the Code of Criminal Procedure provides for the production, supply, sale, possession, etc. of pornographic material as a major offense, and as a distinct form in the case where the aforementioned acts are done through a computer or using the Internet.
Specifically, paragraph 2 provides that: "Any person who intentionally produces, offers, sells or otherwise distributes, transmits, purchases, supplies or possesses child pornography material or disseminates information about the execution of the above operations by means of a computer system or by using the Internet, is punished by imprisonment of at least two years and a fine of fifty thousand to three hundred thousand euros ".
Paragraph 3 gives the definition of pornographic material, which is the representation or real or virtual imprinting on an electronic or other body material of the body or part of a minor's body in a manner that manifestly provokes sexual arousal, as well as a real or virtual mischief an act carried out by or with a minor. This legislative definition is narrower than the definition in Article 1 (b) of the EU Framework Decision 2004/68, as it implies the provocation of sexual stimulation, which is not included in the Community text.
Furthermore, paragraph 4 sets out two aggravating cases of the same crime. In this provision, it is stipulated that "the acts of the first and second paragraphs shall be punished by imprisonment of up to ten years and a fine of fifty thousand to one hundred thousand euros: (a) if they were done on a professional and customary basis; (b) pornography is linked to exploitation of the need, mental or mental illness or physical dysfunction due to organic juvenile illness or to the exercise or threat of use of violence by a minor or to the use of a minor who has not completed individual year. If the act of Case B1 resulted in severe bodily harm to the victim,
The second offense concerns the infringing minor child on the Internet or other means of communication (eg mobile phone). Article 24 of Law 3500/2006 amended the provision of Article 342 of the Code of Criminal Procedure, which refers to the abuse of minors in a case of insubordination, which includes as a distinct form of infringment of minors in the case where the act is done through the Internet or other means communication.
More specifically, paragraph 4 of the above provision stipulates that:
"An adult who, through the Internet or other means of communication, has contact with a person who has not completed the sixteen years and with suggestions or narratives, depictions or presentations of acts relating to sexual life affects his infidel, shall be punished by imprisonment of at least one year and if the act is routinely committed with imprisonment of at least three years'.
This new provision is included in the law on domestic violence, to which it has been incorporated by amendment. The aim of the legislator was to introduce a provision to combat pedophilia in the context of the Internet. The provision of paragraph 4 of Article 342 of the Penal Code penalizes the offense of inflicting on the online environment the adult adult, which may also be pedophile.
It is worth noting that the crime is limited to adult perpetrators and avoids interference with antisocial behaviors taking place among minors on the internet or other media communications or in society.
Tackling similar Internet behaviors such as Article 342 § 4 CC is necessary to fill gaps in the protection of underage Internet users. In this respect, the Ministry of Justice announced the filing of a draft law criminalizing the offense of "grooming" children through the use of the Internet and mobile phones accessed by minors.
In our view, special care should also be taken to protect the personal data of minors. A brilliant example is the relevant law in the USA ( COPPA) .
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