Presentation on theme: "Child Abuse and Criminal Law Prof. Dr. Henrik Kaspersen Council of Europe Zagreb, October 27-28, 2011."— Presentation transcript:
Child Abuse and Criminal Law Prof. Dr. Henrik Kaspersen Council of Europe Zagreb, October 27-28, 2011
Agenda 1.Child Abuse and Internet 2.Relation between the Lanzarote Convention (CETS 201) and the Cybercrime Convention (CETS 185) 2.1 Criminalizations; 2.2 Criminal Procedural Law 2.3 International Co-operation 3.Concluding Remarks Zagreb, October 27-28, 2011.
Child Abuse and Internet 1. Internet = Global Communication WWW Chat/chat-rooms File Transfer E-mail, Skype Mobile Internet Social Networks Money channels (temporarily) storage of information Internet usage ► Emphasis on Trans-border activity Zagreb, October 27-28, 2011. 1
Child abuse and internet, cont’d Internet may be used as part of criminal schema around child abuse Information/evidence that reveals the facts and connects those facts with the suspect (s) Zagreb, October 27-28, 2011.
Budapest vs Lanzarote: Criminal Provisions Cybercrime Art. 9: Child Porn “by means of a computer system” Art. 12: Aiding/abet/attempt Art. 25:Jurisdiction Art. 12: Corp. Liability Art. 13: Sanctions/Measures. Lanzarote Art.18: Sexual Abuse Art.19: Child Prostitution Art.20: Child porn Art.21: Participation Art.22: Corruption Art.23: Grooming Art.24: Aiding/abet/attempt Art.25: Jurisdiction Art.26: Corp. Liability Art.27: Sanctions/Measures Art.28: Aggrav. Circumst Zagreb, October 27-28, 2011. 2.1
Criminal Procedural Law Budapest Article 14: e-evidence Artt.16-21: specific powers Search computer s/production order data/collection traffic data/interception content/preliminary measures Other: Reference to domestic criminal procedural law Lanzarote Chapter VII: pre- and around-trial- principles protection victims, reports, interviews, training Other: Reference to domestic criminal procedural law Zagreb, October 27-28, 2011. 2.2
International co-operation Cybercrime Convention is supplementary to existing instruments or basis for co- operation (See CoE instruments on Extradition, MLA, transfer of Proceedings…) Specific Powers needed: then apply CCC Expedited co-operation Less formalised procedures Enhancing police-to-police co-operation 24/7 contact point Zagreb, October 27-28, 2011. 2.3
Zagreb, October 27-28, 2011. CriminalisationsProcedural LawInternational Co-op Lanzarote: artt18 - 28 Lanzarote Principles Budapest Convention: E-evidence Domestic Law Budapest Convention: E-evidence CoE instruments Bilaterals and other Criminal Law instruments fighting Child Abuse Budapest Convention: Art. 9
Concluding Remarks Child Abuse may be related to a physical location, it has often virtual and global implications; Awareness, Prevention, Protection, Public Action, are extremely important; Lanzarote provides for important protective measures for children as victims with regard to criminal proceedings; Lanzarote provides for a harmonised set of criminallisations, introducing a high standard of child protection,enabling criminal prosecutions Dual criminality requirement for international co- operation Zagreb, October 27-28, 2011. 3
Concl. Remarks- cont’d Cybercrime Convention 2001 is CoE strongest instrument in the ICT- environment enabling - domestically and/or internationally - on expedited basis: Identification of a (potential) child abuser; and evidence to relate fact and suspect Collection of evidence of such abuse and related acts/ handing over such evidence in MLA-proceduresInternational sharing of Information Arrest – possibly to be followed by extradition - and Prosecution of Perpetrators. Zagreb, October 27-28, 2011.
Article 9 CCCArticle 19 Lzt Acts: Procurement...otherwise making available transmitting Images: Appearing Realistic Age In principle 18 -- Obtaining access making availlable -- + non existent child Domestic law Consensual Zagreb, October 27-28, 2011.