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Are pushed manga child pornography? Sentenced a Feltre

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The man had trashed the files that had arrived from a site, the complaint made to the traffic police and the Postal Police was useless. “Japanese erotic comics depicting boys and girls” among the crime titles

FELT. Child pornography images in the computer trash. A 29-year-old from Feltre was sentenced to two months and twenty days in prison plus a 2,000 euro fine. He risked three months of imprisonment and a 1,500 euro fine for possession of pornographic material, this was the request of the Gallego prosecutor. While the defender Resenterra replied with the acquittal.

Illegal material had been thrown away and, after having received it, the future defendant had first turned to the local police of his country and then also to the Post Office, to report the fact. This is the defensive thesis on a crime involving a penalty of up to three years. Judge Feletto will disclose the reasons for the sentence, after which the defense will evaluate whether to appeal or not.

The Postal Police has undoubtedly found thirty files in the hard drive of his computer containing virtual images of a child pornography nature with minors. type Japanese manga comics with sexually explicit content. And there were also two videos with underage girls. The kidnapping took place on 16 October 2018 and a first conclusion was reached yesterday.

Six years earlier the man had been accused of having spread on a Russian website, through a specific account linked to his e-mail address three albums containing 189 virtual images of a child pornography nature, always inspired by the characteristic Japanese drawings, but the crime of child pornography is already prescribed and it is as if it had never been committed.

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The man defended himself, also through the lawyer Roberta Resenterra, admitting that he went to the address of that site, but to exchange some images of his person or, in any case, created by him.

One day he received a message, which contained seven rows with child pornography content. His response was that he was not interested in those kinds of images, which he immediately deleted. But he will receive others, which will push him to contact first the traffic police of his country and then the Postal Police of Belluno.The thesis of the judiciary is different, even with regard to a video game, so much so that the Public Prosecutor has asked the conviction of the accused, after a Venetian superintendent was heard in the courtroom at the penultimate hearing, who argued that the discharge had not been accidental and the images found in the trash were recoverable and, therefore, usable and shareable at any time. Conviction ensued. –

But comics of a child pornography nature can fall within the operational scope of art. 600; 1 cp, which punishes virtual pornography?

Here you can read a legal intervention on the subject

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