Decision of the Court of Appeal of Milano 12 March 2014

The Court of Appeal of Milan confirmed the acquittal of a man who had been indicted for the offenses of “child pornography” and “possession of pornographic material representing children” ex Articles 600 ter and 600 quater of the penal code, respectively. These offenses were introduced in criminal legislation, as a measure to implement the New York Convention on the Rights of the Child, through law No. 269/1998 “Provisions against the exploitation of prostitution, pornography, sex tourism involving children, as new forms of enslavement” (with subsequent modifications). The Court found that no evidence had been reached in the proceeding that the images exchanged between the accused and a girl of over 14 years, with her consent, was a result of the exploitation of that girl, or the exchange had been made in view of the images commercial utilization or dissemination.