SUGESTII PENTRU ATINGEREA SCOPULUI PREVENTIV AL SANCTIUNILOR PENALE APLICABILE INFRACTIUNII DE PORNOGRAFIE INFANTILA PRIN INTERMEDIUL SISTEMELOR INFORMATICE
SUGGESTIONS FOR THE REALISATION OF THE PREVENTIVE PURPOSE OF CRIMINAL SANCTIONS REGARDING THE CRIME OF CHILD PORNOGRAPHY COMMITTED USING INFORMATION SYSTEMS

Summary/Abstract: Modern legislation embraces the idea that the sentence corresponding to a certain criminal offence is not merely a form of organized social retribution against a wrongdoer, but rather a way of preventing future transgressions, either by way of intimidation, example, or rehabilitation of the offender. The offence of child pornography committed using information and communication technology is relatively new in the Romanian legal landscape and the sanctions prescribed by the text of the Criminal Code are not necessarily a reflection of this principle of prevention. Also, there is no clear provision which might permit a judge to ban certain activities regarding the use of computers or the internet once a person is found guilty of such a crime. This restriction, however, although already applied by other states, raises a series of problems regarding supervision by probation officers and also from a human rights perspective, since the internet has now become almost essential for expressing basic rights and freedoms. As such, an indiscriminate ban from accessing the internet might prove to be even a harsher punishment that a jail sentence.

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