The new child pornography concept: a realist interpretation

Abstract

The aim of the paper is to analyze the reform of the Criminal Code modified by Organic Law 1/2015, of 30 March, which has established a legal definition of child pornography. This definition is inspired by international regulations and, in particular, by Directive 2011/93/EU. The Spanish legislator has therefore created a broad concept of child pornography, including certain cases where no real child is present. As a consequence this can lead to a significant increase in the number of behaviours with criminal relevance some of which had no penal character until recently. This regulation tests the basic principles of criminal law as in some cases serious doubts about the legitimacy of the new definition of child pornography do arise.