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Child Abuse and Criminal Law. Prof. Dr. Henrik Kaspersen Council of Europe Zagreb, October 27-28, 2011. Agenda. Child Abuse and Internet Relation between the Lanzarote Convention (CETS 201) and the Cybercrime Convention (CETS 185) 2.1 Criminalizations ; 2.2 Criminal Procedural Law

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Child abuse and criminal law

Child Abuse and Criminal Law

Prof. Dr. Henrik Kaspersen

Council of Europe

Zagreb, October 27-28, 2011


Agenda

Agenda

  • Child Abuse and Internet

  • Relation between the Lanzarote Convention (CETS 201) and the Cybercrime Convention (CETS 185)

    2.1 Criminalizations;

    2.2 Criminal Procedural Law

    2.3 International Co-operation

    3.Concluding Remarks

Zagreb, October 27-28, 2011.


Child abuse and internet

Child Abuse and Internet

1

1. Internet = Global Communication

  • WWW

  • Chat/chat-rooms

  • File Transfer

  • E-mail, Skype

  • Mobile Internet

  • Social Networks

  • Money channels

  • (temporarily) storage of information

  • Internet usage

    ► Emphasis on Trans-border activity

Zagreb, October 27-28, 2011.


Child abuse and internet cont d

Childabuse and internet, cont’d

  • Internet maybeused as part of criminal schema aroundchildabuse

  • Information/evidencethatreveals the facts and connectsthosefactswith the suspect (s)

Zagreb, October 27-28, 2011.


Budapest vs lanzarote criminal provisions

Budapest vs Lanzarote:Criminal Provisions

2.1

Cybercrime

Lanzarote

Art.18: Sexual Abuse

Art.19: Child Prostitution

Art.20: Child porn

Art.21: Participation

Art.22: Corruption

Art.23: Grooming

Art.24: Aiding/abet/attempt

Art.25: Jurisdiction

Art.26: Corp. Liability

Art.27: Sanctions/Measures

Art.28: Aggrav. Circumst

  • Art. 9: Child Porn

    “by means of a computer system”

  • Art. 12: Aiding/abet/attempt

  • Art. 25:Jurisdiction

  • Art. 12: Corp. Liability

  • Art. 13: Sanctions/Measures

    .

Zagreb, October 27-28, 2011.


Criminal procedural law

Criminal Procedural Law

2.2

Budapest

Lanzarote

Chapter VII: pre- and around-trial-principles

protection victims, reports, interviews, training

Other:

Reference to domestic criminal procedural law

Article 14: e-evidence

Artt.16-21: specific powers

Search computer s/production order data/collection traffic data/interception content/preliminary measures

Other:

Reference to domestic criminal procedural law

Zagreb, October 27-28, 2011.


International co operation

International co-operation

2.3

  • Cybercrime Convention is supplementary to existing instruments or basis for co-operation

    (See CoE instruments on Extradition, MLA, transfer of Proceedings…)

  • Specific Powers needed: then apply CCC

  • Expedited co-operation

    • Less formalised procedures

    • Enhancing police-to-police co-operation

  • 24/7 contact point

Zagreb, October 27-28, 2011.


Child abuse and criminal law

Criminal Law instrumentsfightingChildAbuse

Lanzarote: artt18 - 28

BudapestConvention:

E-evidence

LanzarotePrinciples

CoEinstruments

BudapestConvention:

E-evidence

Domestic Law

BudapestConvention:

Art. 9

Bilaterals and other

Zagreb, October 27-28, 2011.


Concluding remarks

Concluding Remarks

3

  • Child Abuse may be related to a physical location, it has often virtual and global implications;

  • Awareness, Prevention, Protection, Public Action, are extremely important;

  • Lanzarote provides for important protective measures for children as victims with regard to criminal proceedings;

  • Lanzarote provides for a harmonised set of criminallisations, introducing a high standard of child protection,enabling criminal prosecutions

  • Dual criminality requirement for international co-operation

Zagreb, October 27-28, 2011.


Concl remarks cont d

Concl. Remarks- cont’d

  • Cybercrime Convention 2001 is CoE strongest instrument in the ICT- environment enabling

    - domestically and/or internationally

    - on expedited basis:

    • Identification of a (potential) child abuser; and evidence to relate fact and suspect

    • Collection of evidence of such abuse and related acts/ handing over such evidence in MLA-proceduresInternational sharing of Information

    • Arrest – possibly to be followed by extradition - and Prosecution of Perpetrators.

Zagreb, October 27-28, 2011.


Article 9 ccc article 19 lzt

Article 9 CCCArticle 19 Lzt

Acts:

Procurement

...otherwisemakingavailable

transmitting

Images:

Appearing

Realistic

Age

In principle 18

--

Obtainingaccess

makingavaillable

--

--

+ non existentchild

Domesticlaw

Consensual

Zagreb, October 27-28, 2011.


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