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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. 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

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  1. Child Abuse and Criminal Law Prof. Dr. Henrik Kaspersen Council of Europe Zagreb, October 27-28, 2011

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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.

  8. 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.

  9. 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.

  10. 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.

  11. Article 9 CCC Article 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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