Commentary on Judgment No. 30655 of 2024 on Child Pornography

Judgment No. 30655 of June 6, 2024, issued by the Court of Cassation, offers important insights into the crime of child pornography, governed by Article 600-ter of the Italian Penal Code. The Court addressed a crucial issue: the configurability of the crime regardless of the minor's awareness regarding the production of child pornography material.

The Protected Legal Interest

The core of the judgment is the protection of the sexual freedom and dignity of minors. The Court clarifies that the mere production of child pornography material already compromises these legal interests in itself, even if the minor does not perceive the illegality of the action. This principle is based on the need to protect minors from experiences that can harm their psychophysical integrity.

Crime of child pornography - Protected legal interest - Indication - Production of child pornography material - Conscious interaction by the minor - Necessity - Exclusion - Case. The crime of child pornography under Article 600-ter, first paragraph, of the Penal Code, being enacted to protect the sexual freedom and dignity of minors, susceptible to compromise by the mere production of child pornography material, is configurable regardless of the minor's perception of such illicit production. (Case relating to the filming, with a hidden camera, of the intimate parts of minors, covered by underwear, but still visible).

Implications of the Judgment

This judgment represents an important step forward in Italian jurisprudence regarding the protection of minors. It reiterates that the protection of minors cannot be subordinated to their awareness of the illegality. Indeed, the recognition of the intrinsic vulnerability of minors implies that any form of exploitation or abuse cannot be justified by the lack of awareness of the person concerned.

• The judgment reaffirms the need to protect minors even from acts that, while they may seem harmless, deeply harm their dignity.
• It emphasizes the importance of preventing and repressing such crimes, ensuring a safe environment for the growth of minors.
• The principle of protecting the dignity of minors aligns with European regulations that emphasize the protection of children's rights.

Conclusions

In conclusion, Judgment No. 30655 of 2024 is fundamental to understanding how Italian law is evolving to offer greater protection to minors. It highlights a crucial aspect: the dignity of the minor must always be protected, regardless of their awareness of illicit acts. This approach not only strengthens the Italian legal system but also aligns with international regulations on child protection, creating a framework of greater safety and protection.