The Constitutional Court recently intervened on the constitutional legitimacy of Article 600-ter, paragraph 1, number 1) of the Penal Code, which regulates the crime of producing pornographic material using minors. In particular, it focused on the lack of a mitigating factor for cases of lesser severity, declaring this omission in contrast with Articles 3 and 27 of the Constitution.
Article 600-ter of the Penal Code imposes severe penalties for anyone who produces child pornographic material, reflecting the seriousness of the crime. However, the law did not provide for a reduction in sentence for cases considered to be of 'lesser severity', an absence that has raised criticism and led to issues of constitutional legitimacy.
The Court found a violation of the principle of equality (art. 3 of the Constitution) and the principle of the rehabilitative purpose of punishment (art. 27 of the Constitution). In the absence of a mitigating factor, specific circumstances of the individual case are not taken into account, treating identical situations that may differ significantly in severity and context.
"Equality does not mean uniformity of treatment in different situations."
The declaration of unconstitutionality has reshaped the regulatory framework, imposing a reflection on the adequacy of penalties in relation to the seriousness of the committed crime. The Court emphasized the importance of a penal system that is not only punitive but also rehabilitative and proportionate.
This ruling represents a step forward towards a more equitable penal system that respects constitutional rights.
If you need further clarification or legal assistance on this delicate issue, do not hesitate to contact the Bianucci Law Firm. Our team of experts is ready to provide you with support and personalized advice.