UNELE ASPECTE PRIVIND PORNOGRAFIA INFANTILĂ. IMPLICAȚIILE ÎN PLAN PENAL ALE CONDUITEI MINORULUI CARE REALIZEAZĂ MATERIALE PORNOGRAFICE CU PROPRIA PERSOANĂ

The article addresses the problems concerning the crime of child pornography, in
general, but it also includes some special emphasis on the legal implications which the conduct of
the minor who makes pornographic materials with his own person, without being coerced by
another person, might have. The analysis is one based on arguments from the specialized
literature, but also on solutions from the judicial practice. In particular, the author proposes the
recognition of existence, in the case of the crime of child pornography, in all its forms, of a special
main legal object aiming at the need to respect the public order and peace, and, in particular, of a
secondary object formed of the social relations referring to the protection of minors and of t he
social relations whose proper development is conditioned by defending the public morality. With
regard to the special issue caused by the minor’s act of producing, storing, possessing or
distributing strictly in private pornographic materials of himself, the author rightfully considers that
this act should not be subject to criminal liability, but rather to the psychological counselling of the
minor with regard to the implications of the beginning and the development of the sexual life and,
respectively, of the consequences that such deeds may have on the normal sexual development
of the child.