Злоупотребе рачунарских мрежа у циљу ширења интернет педофилије и пласирања порнографских садржаја
Abuses of computer networks in order to spread internet pedophilia and place pornographic content
Author(s): Jelena Matijašević, Joko DragojlovićSubject(s): Criminal Law, EU-Legislation
Published by: Институт за међународну политику и привреду
Keywords: Internet paedophilia;Child pornography;Convention on Cybercrime;The Criminal Code
Summary/Abstract: A particularly prominent problem in contemporary society is the abuse of computer networks, especially the Internet, given the enormous opportunities that this global network provides daily to all its users. After the basic criminological review of the abuse of computer networks in the field of Internet paedophilia and the placement of pornographic content, the paper primarily focuses on the analysis of the contents of the Council of Europe Convention on Cybercrime in the area of child pornography-related offenses, bearing in mind that the Convention is the most important international act in this area, adopted with a view to harmonizing national legislation in the fight against cybercrime. After that, the attention was devoted to the analysis of the contents of the criminal legislation of the Republic of Serbia in the part referring to the matter mentioned. Particular attention has been paid to two criminal offenses whose national criminal legislative definition is the basis of the paper’s topic. These are the following crimes: (1) the acquisition and possession of pornographic material and the exploitation of a minor for pornography (Article 185 of the Criminal Code) and, (2) the exploitation of a computer network or communication with other technical means for the commission of criminal offenses against sexual freedom against a minor (Article 185b of the Criminal Code). These crimes are, according to the provisions of the Convention, classified as cybercrimes which in the national legislation belong to the domain of the Prosecutor's Office of special jurisdiction – the Prosecutor's Office for Combating Cybercrime. In conclusion, it can be pointed out that in addition to adjustment of Serbian criminal legislation to the current European standards in this field, it is necessary to simultaneously improve the procedural mechanisms in the procedure for criminal offenses in the field of internet paedophilia and placement of pornographic contents, as well as the implementation of a number of preventive measures that can, in the long run, contribute to reducing the number of criminal offenses in this area.
Journal: Европско законодавство
- Issue Year: 2017
- Issue No: 61-62
- Page Range: 143-155
- Page Count: 13
- Language: Serbian