The coronavirus and the pandemic have favoured the rise of cybercrime across Europe, particularly with regard to child pornography material and online fraud, the European Police Office (Europol) announced.
“Criminals quickly exploited the pandemic to target vulnerable individuals,” in a context where lockdown pushed users to turn to the internet “on an unprecedented scale,” Europol notes in a press release.
Online fraud has “emerged as the ideal strategy for cybercriminals seeking to sell items which, according to them, would prevent or cure Covid-19,” points out the European agency, which is based in The Hague and publishes an annual report on cybercrime, with its 2021 edition focusing on the coronavirus and child pornography.
“Phishing” remains an “effective threat,” with criminals increasingly using “sophisticated” methods, according to Europol.
Europol also observed, at the peak of the crisis, a “significant increase” in the detection of online materials depicting the sexual abuse of children, with the viewing of such content becoming “even more popular than usual,” owing to travel restrictions.
“The new coronavirus pandemic has slowed many aspects of our normal life. However, unfortunately, it has accelerated criminal activity online,” stresses EU Commissioner for Home Affairs Ylva Johansson, in a press release.
“Organised crime takes advantage of vulnerable people, that is, people who have just become unemployed, exposed businesses or, worst of all, children,” the Commissioner added, emphasising how “urgent” it is for the European Union to step up the fight against cybercrime.
Published in the magazine Lifo.gr
- See also article Child Pornography
- See also article Reclassification of Child Pornography from Felony to Misdemeanor
- See also article Minors as Distributors of Child Pornography
- See also article Legal Practice and Child Pornography
- See also article Profile of a Child Pornography Distributor
FREQUENTLY ASKED QUESTIONS ON CORONAVIRUS AND CHILD PORNOGRAPHY
1. What sentence am I facing for possession of child pornography material?
The offence of child pornography is provided for in Article 348A of the Penal Code (PK) and is divided into a misdemeanor and a felony form, depending on the manner of commission, the quantity of material and whether there is distribution or mere possession. The misdemeanor form is punishable by imprisonment, while the felony form carries imprisonment of up to ten years and a monetary penalty. With proper defence, the reclassification of the charge from felony to misdemeanor may be sought, together with the recognition of mitigating circumstances under Article 84 of the Penal Code (prior honest life, remorse, good conduct after the act) and the suspension of the sentence under Article 99 of the Penal Code.
2. Can I avoid pre-trial detention during the preliminary investigation?
Pre-trial detention is an exceptional measure and is imposed only when strict conditions are met, such as a risk of flight or of committing further offences. In cases involving cybercrime, and particularly offences against the sexual freedom of minors, the lawyer may request the imposition of restrictive measures instead of pre-trial detention, such as a ban on leaving the country, periodic appearance at the police station, bail, or house arrest with electronic monitoring. A stable place of residence, family status, employment and the absence of a prior criminal record weigh favourably in the investigating judge’s assessment.
3. What do I do if the Cybercrime Unit knocks on my door?
The Cybercrime Prosecution Directorate usually acts following a prosecutor’s order and seizes computers, mobile phones, hard drives and other digital media. The defendant has the right to remain silent and the right to be assisted by a lawyer from the very first moment. It is advisable not to give any defense statement or “explanation” without first consulting a lawyer, as any statement is recorded and used in the case file. The lawyer reviews the lawfulness of the search, the seizure and the prosecutor’s order, so that any unlawful evidence may be excluded from the court’s consideration.
4. How long does it take for the case to be heard?
Cybercrime cases, and especially those involving child pornography, are characterised by lengthy duration, as digital expert examination of the seized material, IP identification, cross-checks with foreign authorities through Europol and Interpol, and the compilation of an extensive case file are required. The pre-trial stage may last from one to three years. The hearing in the courtroom depends on whether the charge is a felony (Mixed Jury Court) or a misdemeanor (Three-Member Misdemeanor Court). In the event of a conviction, the defendant has the right to appeal with suspensive effect.
5. What are my chances of avoiding conviction or imprisonment?
The chances depend on the specific elements of the case file. Significant issues examined include the lawfulness of the seizure, the chain of custody of the digital evidence, the actual possession and use of the files (many files may have been automatically downloaded or be in temporary memory without intent of possession), and the identification of the user behind the device. The reclassification of the charge from felony to misdemeanor, the recognition of mitigating circumstances and the suspension of the sentence are often achievable goals where there is no distribution or prior criminal record.
6. What is the role of the lawyer in such cases?
The lawyer represents the defendant at all stages, from the preliminary investigation through to the trial hearing and legal remedies. He reviews the lawfulness of the prosecutor’s order, the home search and the seizure, evaluates the digital expert report, challenges unlawful evidence and prepares standalone pleas. At the same time, he supports the defendant’s character, submits evidence of good conduct and seeks the recognition of mitigating circumstances. The Ziamparas D. & Associates Law Firm has many years of experience in cybercrime cases and has successfully handled numerous similar matters.