词条 | Child pornography laws in Portugal |
释义 |
Child pornography laws in Portugal state that such pornography is statutorily criminalised in the Portuguese Criminal Code. Age of consentThe age of sexual content in Portugal is, in principle, 14 years of age. The participation of underage persons in pornographic scenes is subject to stricter standards, however, because they are subject to the general regime of adulthood, which was set by the Civil Code at the age of 18. Criminalized behavioursSection 176 of the Portuguese Criminal Code criminalises the following behaviours:
Penalties against pornographic involvementThis is a complex provision that, in practice, attempts to ban the participation of all persons below age 18 in any kind of scene of a pornographic nature. The standard penalty for any of these actions is imprisonment for a period between one and five years. This standard penalty is subject to a number of aggravations and attenuations, however, depending on the circumstances.[1] This section of the Criminal Code has raised severe controversy{{fact|date=July 2012}}. Its terminology is imprecise since it does not define "pornographic scene". Also, many{{fact|date=July 2012}} have criticised the criminalisation of the "realistic representation of minors" because they see it a disproportionate restriction of the freedom of expression, a fundamental right protected by the Portuguese Constitution. These difficulties caused Portuguese courts to be extremely cautious in applying this section of the Criminal Code{{fact|date=July 2012}}. The case law varies widely and there is no legal certainty concerning the application of this provision. See also
References1. ^See section 177 of the Portuguese Criminal Code {{Pornography legality|state=collapsed}}{{Portugal-poli-stub}} 3 : Child pornography law|Portuguese criminal law|Childhood in Portugal |
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