Abstract

CARNEVALI-RODRIGUEZ, Raúl  and  SALAZAR-ZENTENO, Cristóbal. The crime of child pornographic material production in Chile. Special attention to the legal interest and some concurrency of law problems. Rev. Fac. Derecho Cienc. Polit. - Univ. Pontif. Bolivar. [online]. 2022, vol.52, n.137, pp.469-488.  Epub May 20, 2023. ISSN 0120-3886.  https://doi.org/10.18566/rfdcp.v52n137.a05.

The crime of child pornographic material production was introduced in Chile in 2004 to include a series of behaviors related to child pornography. Thus, in addition to production, it also criminalizes the distribution, exhibition, or dissemination of pornographic material, as well as its acquisition or storage. Certainly, there are not minor interpretative problems that need to be solved, not only concerning the above-mentioned crimes but also for other crimes related to the sexual order. For this reason, this study is aimed to clarify the figure of production regulated in article 366 quinquies of the Criminal Code, particularly about its protected legal right. In this sense, it is considered that it is a muti-offensive crime, since not only the sexual indemnity or freedom is protected, but also the right to the minor's image, privacy, and his honor, understanding that the productive activity, as a graphic capture of an image, may involve a risk of disclosure or dissemination. Considering the above, it is intended to solve the concurrency of criminal law problems that may arise.

Keywords : Child pornography; concurrency of law; multi-offensive crime; honor; sexual indemnity.

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