Legal situation in the Czech Republic

[Luna]

What denotes the Czech Republic law (§) about paedophiles in the Czech Republic?

What is legal in your country and what is illigal?

On the way, how discripe your government and the average society „childporn“ and „chidllove“?

How long are arrest time for violation for lawbreaks and when ends the age of consent?

I am really interessted in these topic and I realy do not want violate your boardrules.

Can someone give me qoutes about your legal text with this topic?

[Kasz]

Dear Luna,
welcome on our forum!

What denotes the Czech Republic law (§) about paedophiles in the Czech Republic?

There is no law in the Czech republic, which is mentioning paedophiles or paedophilia.

What is legal in your country and what is illigal?

Maybe you should more specify, what do you mean. Do you mean law statements about child sexual abuse and pornography?

On the way, how discripe your government and the average society „childporn“ and „chidllove“?

Our goverment do not describe, what is child pornography. If some photography or video is child pornography or not, this depends on expert (sexologist) opinion.

How long are arrest time for violation for lawbreaks and when ends the age of consent?

In Czech republic the age of consent is 15 years. Child sexual abuse is penalized for 1 - 8 years in prison, if there is dependence on person, who abuses the child, then 2 - 10, if there is violence 5-12, if the child die due to sexual abuse, then 10-18 years or exceptional punishment (20-30 years, or life imprisonment).

Limitation period of this crime is from 10 to 20 years, but the time of limitation period starts running from the 18 years age of the victim. So when you kill the child, there is 20 years limitation period, but if you abuse child, there can be 33 years limitation period (this is paradox).

Possesion of child pornography is also illegal with penalty up to 2 years of imprisonment. Drawn, animated and written child pornography, which doesn't depict real children, is also illegal.

I am really interessted in these topic and I realy do not want violate your boardrules.

We are also interested. Please, can you write about relevant laws in Germany?

[simgiran]

I will add:

The penalty for the rape of child (younger than 15) is 5 - 12 years of imprisonment (compared to 6 months - 5 years for rape of an adult, 2 - 10 years if it's done by intercourse or similar way or on person aged 15 - 17)

The production or distribution of child pornography is illegal with penalty 6 months - 3 years, 2 - 6 years if done in organized group, by press, TV, public computer net or similar effective way or if done for purpose of considerable profit, 3 - 8 years as organized group in multiple countries or for large profit.

The child pornography is not well specified in law, it says "the work that depict or use in other way a child or a person that appears to be a child", note that child is here the person younger than 18. (Personally I think this definition is pretty stupid.) Pictures or movies of naked children aren't generally considered a pornography, if the children are not in erotic poses, they are not focused on crotch etc.

I am not so sure, if pornography, that doesn't use real children is illegal, the law can be used that way, but I think it's up to the courts and I don't if there was such a case. In this situation I recommend not to produce, distribute or posses this kind of pornography here.

[Luna]

Can you wrote more about law statements about child sexual abuse and pornography?

In Germany is the age of consent 14 years.

Section 176 - Child abuse

• (1) Whosoever engages in sexual activity with a person under fourteen years of age (child) or allows the child to engage in sexual activity with himself shall be liable to imprisonment from six months to ten years.
  
  (2) Whosoever induces a child to engage in sexual activity with a third person or to allow third persons to engage in sexual activity with the child shall incur the same penalty.
  
  (3) In especially serious cases the penalty shall be imprisonment of not less than one year.
  
  (4) Whosoever
  
  1.  engages in sexual activity in the presence of a child;
  2.  induces the child to engage in sexual activity, unless the act is punishable under subsection
  
  (1) or subsection (2) above;
  
  3.  presents a child with written materials (section 11(3)) to induce him to engage in sexual activity with or in the presence of the offender or a third person or allow the offender or a third person to engage in sexual activity with him; or
  
  4.  presents a child with pornographic illustrations or images, audio recording media with pornographic content or pornographic speech,
  shall be liable to imprisonment from three months to five years.
  
  (5) Whosoever supplies or promises to supply a child for an offence under subsections (1) to (4) above or who agrees with another to commit such an offence shall be liable to imprisonment from three months to five years.
  
  (6) The attempt shall be punishable; this shall not apply to offences under subsection (4) Nos 3 and 4 and subsection (5) above.

(http://www.gesetze-im-internet.de/englisch_stgb/englisch_stgb.html#p1493)

It's not importantend what the child want, because the average meaning in Germany is, Childs can't feel sexuall or love feelings to an adult.

Section 184b - Distribution, acquisition and possession of child pornography

• (1) Whosoever
  1.  disseminates;
  2.  publicly displays, presents, or otherwise makes accessible; or
  3.  produces, obtains, supplies, stocks, offers, announces, commends, or undertakes to import or export in order to use them or copies made from them within the meaning of Nos 1 or 2 above or facilitates such use by another pornographic written materials (section 11 (3)) related to sexual activities performed by, on or in the presence of children (section 176 (1)) (child pornography)
  
  shall be liable to imprisonment from three months to five years.
  
  (2) Whosoever undertakes to obtain possession for another of child pornography reproducing an actual or realistic activity shall incur the same penalty.
  
  (3) In cases under subsection (1) or subsection (2) above the penalty shall be imprisonment of six months to ten years if the offender acts on a commercial basis or as a member of a gang whose purpose is the continued commission of such offences and the child pornography reproduces an actual or realistic activity.
  
  (4) Whosoever undertakes to obtain possession of child pornography reproducing an actual or realistic activity shall be liable to imprisonment not exceeding two years or a fine. Whosoever possesses the written materials set forth in the 1st sentence shall incur the same penalty.
  
  (5) Subsections (2) and (4) above shall not apply to acts that exclusively serve the fulfilment of lawful official or professional duties.
  
  (6) In cases under subsection (3) above section 73d shall apply. Objects to which an offence under subsection (2) or (4) above relates shall be subject to a depriation order. Section 74a shall apply.

(http://www.gesetze-im-internet.de/englisch_stgb/englisch_stgb.html#p1620)

Real and fiction childporn is in Germany illigal and equivalent. Equivalent means, if X write oder draw a fiction CP-Storry, will X not longer to go in prison, when Y documents a real child rape.
The limitation period beginns when the „victim“ are 18, i mean the period time are 10 years.

When on this way out your paedophiliac, you could not longer work with children.

Pictures or movies of naked children aren't generally considered a pornography, if the children are not in erotic poses, they are not focused on crotch etc.

In Germany are naturism picture of childs legall, but it's differently from the meaning by judge to judge... so you can't not longer buy naturism magazines with children.

The German naziparty (NPD) want adoption of death penalty for paedophiles, thay get a lot of advocate in our society with the projeckt called „No mercy for child abuser“.

[Kuba]

Hi Luna, welcome on this board.

It's not importantend what the child want, because the average meaning in Germany is, Childs can't feel sexuall or love feelings to an adult.

This is similar to situation in Czech, but I think that can be big differences in length of imprisoment depending on circumstances of each cause, including how much "consensual" it was from side of child. Maybe that´s one of the reasons, why is minimal and maximal size of punishment so different.

[Luna]

Real and fiction childporn is in Germany illigal and equivalent. Equivalent means, if X write oder draw a fiction CP-Storry, will X not longer to go in prison, when Y documents a real child rape.

Federal High Court of Justice said 2 days ago:
Fiction childporn are not longer illigal in German. Fiction means draws, cartoons and textstorys.
Fiction childporn that based on a real childabuse are illigal, be careful, you can download it and kept it but it's not allowed to send it anyone.

[Kasz]

Federal High Court of Justice said 2 days ago:
Fiction childporn are not longer illigal in German. Fiction means draws, cartoons and textstorys.
Fiction childporn that based on a real childabuse are illigal, be careful, you can download it and kept it but it's not allowed to send it anyone.

Luna, please, can you give us some link to official statement about decision of your Federal High Court of Justice? Thanks!

[Luna]

yup, but it's only in german http://www.lawblog.de/index.php/archives/2013/06/27/keine-strafe-fr-kinderpornografische-texte/

so with google translator for the win:

27.6.2013
No punishment for child pornography lyrics

Who owns kinderpornografische texts or makes available to a narrow circle of third parties, commits no offense. This has clarified in a landmark decision of the Federal Court. The court acquitted a man who had sent a friend a text in which he describes in detail sexual activities with a child.

The Federal Court therefore turns against lawyers who are of the opinion that texts "reflect an actual or realistic action" may, as expressly required by law.

That's according to the judge just not the case. Even texts could have some relation to reality, especially when they take on an actual event reference. In fact, the defendant had described a child abuse, he has probably been committed.

However, the Bundesgerichtshof takes the laws of history, a "actual events" mean that the abuse is documented by video, film or photo. Novels, drawings and cartoons were not meant, however from the outset. Possession not wear namely to the fact that children are abused as "actors" in pornographic photographs.

Was not intended even with the offense of "realistic" action to criminalize texts. The provision was merely taken as to eliminate difficulties of proof in child pornography that may be incurred virtually.

Specifically, the Court pointed out that there was no clear delineation possible when a text Done "realistic" reproduces. Was needed a "legally almost unimaginable overall impression 'that is objectively probably unlikely to be achieved.

Thus, prosecutors have to study in future no more texts to determine whether they contain child pornography. Because even if that is the case, it lacks any event, according to a federal court "actual" or "real-world" events.

The restriction applies only to the possession or has come into (individual) Third, that the disclosure in a small circle. The distribution of child pornographic texts remains punishable if this is done via file sharing or internet forums.

Considerable practical importance, the decision may have for the field of youth pornography. As the rules are written in a similar texts that sexual acts or even the abuse are 14 - to 17-year-old describe future also can not be traced (Decision of 19 March 2013, reference number 1 StR 8/13).

[Gabriel Svoboda]

It is interesting Germany makes a distinction between disclosure in a small circle and mass disribution.

[Kofola Nizozemi]

There was a time that political parties in Netherlands wanted consensual sex between adults and children be legal and wanted to get rid with discrimination of pedofiles and age-discrimination according sex (stating that children are not allowed to have sex, because they are considered too stupid to see the consequences is discrimination against children, children are not stupid ).

The dutch PNVD tried it some years ago, but they are hunted down (Poetin thinks that pedofilia is legal in Holland, but Poetin is completely misinformed about the dutch, his KGB should work better) and the former president of this party lives with fear every day, people insult him on daily basis, attack him and his belongings, he sometimes needs police-assistance to walk on the street (but the police do not want to help him).

In the ´70´s things were much better. The PSP, Pacifisch Socialistische Partij wanted to legalise consensual sex between adults and children and stop discrimination of children and pedofiles. That is long ago and now coming out being a pedofile, even if you do not have any contact with children, is extremely dangerous.

Because coming-out is dangerous, I suffer many times, I feel lonely and want to emigrate. No idea to which place in the world, everywhere in the world saying that you like little girls is extremely dangerous.
I´m lucky to have some good friend in the Netherlands, they know and accept it.

I hope some day the world will be a more happy place for all of us, especially for the children. But actually i do not expect it to get better.

[Kofola Nizozemi]

http://dnpp.eldoc.ub.rug.nl/FILES/root/programmas/Verkiezingsprogramma/1977/psp.pdf

The political party programma from the Pacifistische Socialistische Partij in the year 1977. It´s in Dutch only, sorry.

[Gabriel Svoboda]

We are against consensual sex with children too - it can hurt the child, if not by itself, then by secondary victimization.

The Dutch party programme is too long - which page is relevant?

Poetin thinks that pedofilia is legal in Holland

I bet he is right.

[Kofola Nizozemi]

We are against consensual sex with children too - it can hurt the child, if not by itself, then by secondary victimization.

The Dutch party programme is too long - which page is relevant?

Poetin thinks that pedofilia is legal in Holland

I bet he is right.

18. Een grondige herziening van de zedelijkheidswetgeving, in
die zin dat alle
verboden die niet strikt
noodzakelijk zijn ter bescherming van anderen tegen
onaanvaardbare overlast worden opgeheven.

However this text is not very clear, I have to find a more specific text, indeed the programm is long, like always with political parties.

Pedofilia is indeed legal, however if you out yourself as a pedophile in public you will certainly loose your job, a lot of friends, family, maybe your house and your safety. Officially however, yes being pedofile is not a crime.

Sex with children is indeed at the moment not a good idea, because of the fact that the worldsociety only contains stupid hysterical and brainwashed people (all countries on this planet are in that point view stupid and hysterical, without exception ) and those brainwashed people will damage the child mentally when the child had consentual sex. So I agree that it´s better to live a live without sex for your own safety and more important for the safety of the child.

It´s a sick planet after all.