The operative part of uniformity decision no. 2/2018 BJE

Printer-friendly version

I. In child pornography cases specified in section 204(1) of Act No. C of 2012 on the Criminal Code, the fact that – irrespective of the number of the persons under the age of 18 in the recordings – the committed conduct appears in several pornographic recordings does, in itself, not result in cumulation. However, legal unity is only created by offences violating the provisions on the same statutory offence. In respect of this criminal offence, section 204(1) points a), b) and c) of the Criminal Code contains not identical but separate statutory elements.

II. Where, in respect of the same recording, the perpetrator has committed conducts specified in various points, the commission of criminal offences constituting legal unity and threatened with the most serious penalty is to be established.

III. Where the perpetrator has committed the conducts violating the various points of section 204(1) of the Criminal Code in respect of separate recordings, the conducts that constitute legal unity within the same section shall form real cumulation.

IV. In case of aggravated child pornography specified in section 204(2) of the Criminal Code, the number of counts shall be identical with the number of persons meeting the conditions specified in that section.