Commentary on Judgment No. 30655 of 2024 on Child Pornography

The judgment no. 30655 of June 6, 2024, issued by the Court of Cassation, provides important insights regarding the crime of child pornography, governed by Article 600-ter of the Italian Penal Code. The Court addressed a crucial issue: the configurability of the crime regardless of the minor's awareness regarding the production of child pornography material.

The Protected Legal Interest

The core of the judgment is the protection of the sexual freedom and dignity of the minor. The Court clarifies that the mere production of child pornography material already compromises such legal interests, even if the minor does not perceive the illegitimacy of the action. This principle is based on the necessity to protect minors from experiences that may harm their psychophysical integrity.

Crime of child pornography - Protected legal interest - Indication - Production of child pornography material - Aware interaction by the minor - Necessity - Exclusion - Hypothesis. The crime of child pornography referred to in art. 600-ter, paragraph one, penal code, being aimed at protecting the sexual freedom and dignity of the minor, susceptible of compromise already by the mere production of child pornography material, is configurably independent of the perception that the minor has of such illicit production. (Hypothesis related to the recording, with a hidden camera, of the intimate parts of minors, covered by underwear, but still visible).

Implications of the Judgment

This judgment represents an important step forward in Italian jurisprudence regarding the protection of minors. It reiterates that the protection of minors cannot be subordinated to their awareness of the illicit. In fact, the recognition of the intrinsic vulnerability of minors implies that any form of exploitation or abuse cannot be justified by the lack of awareness of the interested party.

  • The judgment reaffirms the need to protect minors even from acts that, although they may seem harmless, deeply undermine their dignity.
  • It emphasizes the importance of prevention and repression of such crimes, ensuring a safe environment for the growth of minors.
  • The principle of protecting the dignity of the minor aligns with European regulations that emphasize the protection of children's rights.

Conclusions

In conclusion, judgment no. 30655 of 2024 is fundamental to understand how Italian law is evolving to provide greater protection to minors. It emphasizes a crucial aspect: the dignity of the minor must always be protected, regardless of their awareness of illicit facts. This approach not only strengthens the Italian legal system but also aligns with international regulations on the protection of minors, creating a framework of greater safety and protection.

Bianucci Law Firm