Pornografía infantil en Internet – Cuestión de competencia
Date | 15 February 2017 |
Published date | 15 February 2017 |
Author | Gustavo P. Giay,Diego Fernández,Fernando Frávega |
Law Firm | Marval O'Farrell Mairal |
El fiscal solicitó la declaración de incompetencia en razón del territorio. El juez de primera instancia entendió que no se había acreditado que algún sujeto distinto de aquél que habría “subido” la fotografía a la herramienta denominada “Google + Photos” haya tenido acceso a la imagen o que el archivo haya sido compartido y, por ende, a su criterio, no podía descartarse la simple posesión sin intención de distribuir el material, lo que no constituiría delito. Por ese motivo, el juez consideró que hasta tanto no se alcanzara una mínima certidumbre en cuanto a la tipicidad objetiva del delito no correspondía declinar la competencia.
La Cámara de Apelaciones en lo Penal, Contravencional y de Faltas de la Ciudad de Buenos Aires sostuvo que para la determinación de la competencia en razón del territorio resulta suficiente que se encuentre acreditado que las IP –desde las que se accedió a la cuenta de correo electrónico mediante la que se habría “subido” la imagen con contenido de pornografía infantil a la aplicación de...
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