Authors: Tautvydas Žėkas

Keywords: child, child pornography, exploitation, morality

Abstract:

It is not enough to regulate a criminal responsibility for the exploitation of a child for the pornography. It is of great importance – the way how such kind of prohibition is “put” into the law. At the moment there exists a particular ambiguous situation: on the one hand, exploitation of a child for the pornography in several countries is a crime violating children’s interests, while on the other hand, it is an attempt to infringe the society’s morality in others. Such a situation does not reflect those legal values (the object of a crime) which are offended while exploiting a child for the pornography and does not guarantee a more comprehensive security of children’s interests. The article provides the general overview of the problem of child pornography, also gives the description of the object as one of the compulsory part of the composition of a crime or criminal offence in the theory of criminal law. Comparing different models while regulating the question analysed in various countries, also evaluating the provisions of international acts, the article is concluded with the statement that criminal responsibility for exploiting a child for the pornography should be stated in the chapter of the Criminal Code where all crimes against child or interests of the family are criminalized.

Prof. univ. dr.
Doina BALAHUR