Proposal for a COUNCIL FRAMEWORK DECISION on combating the sexual abuse , sexual exploitation of children and child pornography, repealing Framework Decision 2004/68/JHA
|
|
The Framework Decision will both repeal and incorporate Framework Decision 2004/68/JHA
to include the following new elements:
On substantive criminal law in general
Serious forms of child sexual abuse and exploitation currently not covered by EU legislation
would be criminalised.
On new criminal offences in the IT environment
New forms of sexual abuse and exploitation facilitated by the use of IT would be
criminalised.
On criminal investigation and initiation of criminal proceedings
A number of provisions would be introduced to assist with investigating offences and
bringing charges. A mechanism to coordinate prosecution in cases of multiple jurisdictions is
included, but may be superseded once the Proposal for a Framework Decision on conflict of
jurisdiction in criminal proceedings is adopted1.
On prosecution of offences committed abroad
Rules on jurisdiction would be amended to ensure that child sexual abusers or exploiters from
the EU face prosecution even if they commit their crimes outside the EU, via so-called sex
tourism.
On protection of victims
New provisions will be included to ensure that victims have easy access to legal remedies and
do not suffer from participating in criminal proceedings.
On prevention of offences
Amendments would be introduced to help prevent child sexual abuse and exploitation
offences, through a number of actions concentrating on previous offenders to prevent
recidivism, and to restrict access to child pornography on the internet.
