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Implementation
an (internal) case law database with regard to child pornography cases, but also serves as a helpdesk for
courts in the rest of the country. 381
In criminal cases related to child pornography, images are not included in the dossier as standard, as the
Public Prosecution Service wants to minimise the risk of the material being further distributed. Instead
of including images in the dossier, the police describe what is depicted on the material in an official
report, and explain why the material constitutes a child pornography offence. The sample images (in
principle, a maximum of 25) that have been selected are made available to the public prosecutor in a
form that is to be decided on in consultation with the public prosecutor, who treats them as documentary
evidence, and who is able to show these to the members of the session prior to the session or during
the session, if necessary. These exhibits are not added to the dossier and the public prosecutor regains
possession of them after the session. 382 A new method of describing images in an official report and a
standard form of indictment are currently being implemented. The aim of these measures is to enable
an entire collection to be described in a more effective manner. 383 ’ 384
Victims in criminal proceedings 385
Images of victims will remain in circulation on the Internet, and for this reason the possibility of linking
a name with an image must be prevented as much as possible. For victims of child pornography,
anonymity is always of great importance, and therefore the identity and personal details of victims need
to be protected as much as possible. 386
381 The Knowledge Centre consists of two justices and a secretary, and a number of external experts, including
scientists, provide support.
382 Implementation Provisions concerning child pornography (Article 240b of the Dutch Criminal Code),
Dutch Government Gazette, 2 December 2010, no.19121, p.7.
383 See for example Court of Rotterdam, 31 March 2011, <strong>National</strong> Case Law Number: BP9776 (On behalf
of the suspect, it has been put forward that the summons is partly invalid, because it is insufficiently
factual with regard to this point. It is suggested that the description of sexual behaviours is too general.
However, according to the court’s judgment, the factual content of the photos and films is described
in sufficient detail. “It’s almost impossible to describe the content any more explicitly.”).
384 No research has been carried out in the Netherlands as to the extent to which the sentences imposed
for child pornography by judges who see the images themselves differs from judges who do not see the
images, see: www.rechtspraak.nl/Recht-In-Nederland/ThemaDossiers/kinderporno/Pages/default.aspx
(viewed 14 April 2011).
385 §1.4.2 contains information about victims of child pornography and §3.7 contains information regarding
the provision of care to victims.
386 In response to the proposal of the European Commission for a new Directive on combating sexual
abuse, the sexual exploitation of children and child pornography, the European Parliament has tabled
an amendment that entails that EU Member States are required to guarantee the right to the protection of
the privacy and images of underage victims, and to prevent the public distribution of information about
them that is able to lead to their identification, because children must be protected against any type of
infringement of their privacy, Draft European Parliament Legislative Resolution on the proposal for a
Directive of the European Parliament and of the Council on combating sexual abuse, sexual exploitation
of children and child pornography, repealing Framework Decision 2004/68/JHA, Committee on Civil Liberties,
Justice and <strong>Home</strong> Affairs (<strong>Rapporteur</strong>: Roberta Angelilli), 2010/0064(COD), 24 January 2011, p.28.
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