Proyecto de ley penaliza la tenencia de pornografía infantil
Published date | 28 April 2017 |
Author | Gustavo P. Giay,Diego Fernández |
Date | 28 April 2017 |
Law Firm | Marval O'Farrell Mairal |
Recientemente, los Senadores Juan Manuel Abal Medina y Julio Cobos presentaron un proyecto de ley penalizando la tenencia de pornografía infantil (el “Proyecto”).
En la actualidad, el artículo 128 del Código Penal únicamente penaliza la producción y distribución de pornografía infantil. Por otra parte, reprime la tenencia de pornografía infantil sólo si se lleva a cabo con fines inequívocos de distribución o comercialización. El Proyecto propone modificar dicho artículo y hacer extensivo el tipo penal a la mera tenencia, independientemente de su fin.
En sus fundamentos, el Proyecto hace mención al Protocolo facultativo de la Convención de Derechos del Niño sobre la venta de niños, la prostitución infantil y la utilización de niños en la pornografía, como así también al Convenio sobre la Ciberdelincuencia del Consejo de Europa, enfatizando que ambos instrumentos penalizan la tenencia de la pornografía infantil en sí misma.
Por otro lado, además de penalizar la tenencia de pornografía infantil, el Proyecto también modificara el artículo 128 del Código Penal...
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