On May 22, one of the anchors of the pro-Krmelin Alt-Info TV, Giorgi Kardava, claimed that the German Bundestag declared the distribution of child pornography as a norm.
Giorgi Kardava: “The Bundestag passed a law that decriminalizes the possession and distribution of videotapes depicting child abuse and pedophiles. An ordinary person who has child pornography at home was previously punished by law, but from today it has been declared a norm in Germany.”
Information about the decriminalization of possession of child pornography in Germany was published on May 22 on the Alt-Info website, the screenshot of which was shared by other Facebook users (1, 2, 3, 4, 5). In addition, the news about the alleged decriminalization of child pornography in Germany was shared by Russian-language Facebook accounts as well.
Lowering the minimum sentence for distributing child pornography in Germany does not mean that the possession, storage, and distribution of child pornography is decriminalized. Adjustments to minimum sentences aim to provide a more nuanced and flexible legal response to individual cases while maintaining a tough stance against serious crimes.
In July 2021, the German Bundestag passed a law that provided for the distribution of child pornography to be punishable by 1 to 10 years in prison. However, the German government soon realized that the minimum sentence was problematic in practice. The 2021 legislative changes made almost all child pornography offenses a serious crime, meaning that even minor offenses would be dealt with to the full extent of the law, and would also criminalize those who may have unwittingly obtained pornographic material or acted in good faith to pass the material on to law enforcement. The tougher laws in 2021 led to unintended consequences: parents, teachers, and young people became criminal offenders if they shared pornographic footage with the provision of evidence or warning of a possible crime. In addition, after the reform, criminal investigators were prohibited from stopping proceedings even in the case of minor misconduct, which also delayed the investigation of serious cases.
On May 17, 2024, the Bundestag passed a new bill that partially amended the 2021 law “On the Distribution, Acquisition and Possession of Child Pornographic Content” in the minimum penalty section. According to the new bill, possession and purchase of child pornography will be punishable by at least three months in prison, and distribution by at least six months in prison. In addition, the new regulation classifies criminal offenses under Section 184b of the Penal Code as less serious crimes. In the context of the German legal system, this distinction is important because a Vergehen (less serious crime) is considered less serious than a Verbrechen (felony). Vergehen is punishable by less than a year in prison or a fine, and includes crimes such as theft, fraud, and petty assault. Felonies (Verbrechen) are in the more serious category, punishable by at least one year in prison, and include crimes such as murder, manslaughter, rape, and aggravated assault. In the case of a serious crime (Verbrechen), the courts cannot suspend the proceedings as they would in a less serious case. Accordingly, such a change gives the judiciary more flexibility to deal with cases on an individual basis, in certain cases to dismiss the proceedings, so as not to criminalize those who may have unwittingly obtained pornographic material or acted with good intentions, such as providing such material to the police. Accordingly, the proposed changes also aim to introduce a more flexible approach to dealing with young people involved in such offences. It is worth noting that adolescents may not act out of sexual interest, but out of such factors as curiosity, naivety, or the desire to impress others.
Notably, the reduction of the minimum sentence will allow law enforcement agencies to respond flexibly and appropriately to illegal actions and strengthen investigations against pedo-criminal networks. In addition, section 184b of the law still maintains up to ten years of imprisonment for serious cases of purchasing, distributing, or possessing images of child sexual abuse. Accordingly, German law still maintains the severity of the law for serious crimes and the production of child sexual abuse images remains a serious criminal offence.
About the Sources
Facebook account Giorgi Ibereli is an active supporter of the “Alliance of Patriots” party and “Conservative Movement/Alt Info”, he is a member of the Facebook group “Patriot Alliance Supporters!” He is also one of the administrators.
In addition, Giorgi Iberieli supports those arrested during the violent protest of July 5, 2021, and demands their release. Giorgi Iberieli has spread disinformation on Facebook many times before (1, 2, 3).
The Facebook account “Shiin Evropisken” [Home to Europe], together with several other Facebook accounts of the same name (1, 2, 3), distributes information of homophobic and anti-Western content in a coordinated manner, including false claims and fake photo-video materials. The page was created as a counterbalance to the civil campaign “Home to Europe” initiated by non-governmental organizations, which aims to support Georgia’s integration into the European Union.
Facebook user Sandro Lobzhanidze has disseminated false information before. In the past, Lobzhanidze published disinformation and manipulative posts, including those related to the Ukrainian Church.
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