At its public hearing on May 25, 2021, the Debrecen General Court, as a court of second instance, reversed the first-instance judgment of a man convicted by the Debrecen District Court for a crime of child pornography.
In a sentencing hearing held on October 12, 2020, the trial court found the accused, who stored child pornography images on his computer, guilty, sentencing him to 1 year in prison and banning him from practicing public affairs for 2 years. The decision did not become final at the time, as although the prosecutor took note of it, the accused filed an appeal for mitigation.
The appellate court suspended the man’s 1-year prison sentence for a 3-year probation period, while waiving his disqualification from public affairs, and confiscating the two hard drives seized.
According to the facts established by the court, until the summer of 2019, the accused regularly downloaded child pornography images in his home in Debrecen, which for the lay observer was not at least 18 years of age. The 63-year-old man downloaded and saved a total of 294 child pornography photos to the hard drive of one of his computers, then kept them until research at his place of residence, not sharing them with anyone.
The chairman of the second instance criminal council is dr. Mrs. Kovács dr. Réka Kereszti said that the court reviewed the first-instance judgment in the framework of a limited review. The chairman of the penal council stressed that the law punishes the possession, making and distribution of pornographic recordings of children, and there is a strong public interest in preventing this.
However, for the benefit of the accused, he assessed his criminal record as a mitigating circumstance, as well as the fact that he testified at the preparatory hearing and acted remorsefully. In the opinion of the tribunal, the type and level of punishment imposed is also necessary and sufficient for the principles of individual and general prevention to prevail.
The decision of the court is final.
debrecenitorvenyszek.birosag.hu
Picture: illustration.
