CHILD SEXUAL ABUSE MATERIAL (CSAM): AN ANALYSIS OF ARTICLE 374 OF THE ROMANIAN CRIMINAL CODE IN LIGHT OF DIRECTIVE 2011/93/EU AND THE LANZAROTE CONVENTION
CHILD SEXUAL ABUSE MATERIAL (CSAM): AN ANALYSIS OF ARTICLE 374 OF THE ROMANIAN CRIMINAL CODE IN LIGHT OF DIRECTIVE 2011/93/EU AND THE LANZAROTE CONVENTION

Summary/Abstract: This study analyses the offence under Article 374 of the Romanian Criminal Code from the perspective of European standards on combating the sexual exploitation and sexual abuse of minors, with particular emphasis on Directive 2011/93/EU and the Lanzarote Convention. The research proceeds from the premise that the traditional term “child pornography” no longer adequately reflects the legal, social and criminological nature of the phenomenon, since the materials targeted by criminalisation are not merely obscene products, but forms through which the sexual abuse of minors is represented, preserved, circulated and perpetuated. From this perspective, the use of the concept of child sexual abuse material (CSAM) allows for a more accurate understanding of the protected legal interests and of the seriousness of the criminalised conduct. The study examines the extent to which the current regulation of Article 374 of the Criminal Code complies with European requirements from a terminological, systematic and normative standpoint. It addresses the main forms of criminalised conduct - production, possession, acquisition, storage, distribution, making available and accessing such materials - as well as the issue of sexual performances involving minors. The analysis also engages, to a limited extent, with the debate concerning the protected legal interest of the offence, in the sense that, although the provision is placed in Title VIII of the Criminal Code, its substantive purpose is to protect minors against sexual exploitation and continuous victimisation. Particular attention is paid to the digital environment, self-generated material involving minors, intentional or accidental access, and simulated, manipulated or AI-generated material. Finally, the study draws on comparative-law benchmarks and formulates de lege ferenda proposals for adapting Romanian criminal law to the CSAM paradigm.

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