The Protected Legal Right in Child Pornography Problems of Confluence

Abstract: The article herein examines the problems of confluence between child pornography and other provisions, which are associated with the issue of the protected legal right. First we have to make a case scenario for the protected legal right on Section 348A Greek Penal Code (GPC). When a crime is committed juvenility is violated, without excluding the simultaneous protection both of sexual freedom and corporal integrity. In particular, the juvenile’s rights are trespassed either as a victim because he was used for the production of the pornographic material or because -by watching this pornographic material along with other juveniles- he considers them as sexual objects and is psychologically hurt.

In our opinion, the issues of confluence which are associated with the provisions of Section 348A GPC as well as Section 29 of law 5060/1931 about obscene publications are of utmost importance. Moreover, another interesting issue concerns the cases where both the provisions on juveniles’ trafficking and Section 351 para. 4(a) GPC co-exist.


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