Il delitto di pornografia minorile da parte di un chierico
Insofar as paedopornography is a new Delict in Canonical Legislation, this article, for a better understanding of the matter, analyses the configuration of the Delict in the legislation of a selection of industrialized Nations. Although Civil Legislations and Canonical Legislation have much in commo...
| Published in: | Apollinaris |
|---|---|
| Main Author: | |
| Format: | Print Article |
| Language: | Italian |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | Drawer...
|
| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Published: |
Mursia
2014
|
| In: |
Apollinaris
|
| Standardized Subjects / Keyword chains: | B
Pornography
/ Church criminal law
/ Sexual abuse
/ Clergy
|
| IxTheo Classification: | SB Catholic Church law |
| Further subjects: | B
Catholic church Codex iuris canonici 1983. can. 1395, §2
B normae de gravioribus delictis B delicta graviora B Sexual abuse B Criminal law |
| Summary: | Insofar as paedopornography is a new Delict in Canonical Legislation, this article, for a better understanding of the matter, analyses the configuration of the Delict in the legislation of a selection of industrialized Nations. Although Civil Legislations and Canonical Legislation have much in common, there are indeed certain noteworthy differences between them. While Canonical Legislation considers the Delict in only three cases - acquiring, possessing and distribution-, the Civil Legislation, in addition to these above-mentioned three, also envisages acts such as production, financing etc. Moreover, while it seems that the Ecclesiastical Legislator does not intend to punish virtual paedopornography, the Civil Law punishes it explicitly. Therefore, the latter is more global in ist approach towards the Delict. As regards the object of the safeguarding envisaged by the Norm, the Civil Law is more open-ended as the intention is to punish the violation, in whatever way, of the sexual instangbility of minors. Canon Law, instead, by specifying the the purpose of punishable acts should be "libidinous" has left a possible loophole by which the culpable may escape. Howwever, it should be recognized that the Canonical Legislation on paedopornography is without doubt a great means for the Church in her attempt to eradicate the menace of sexual abuse of minors on the part of the clergy, but the Jurisprudence on the matter has scope for further development. |
|---|---|
| ISSN: | 0392-2359 |
| Contains: | In: Apollinaris
|