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<strong>Child</strong> PornograPhy First report oF the Dutch NatioNal rapporteur
or more persons acting in association, or in the event that the offence is committed within a dependency
relationship. In the event that the offence results in serious bodily injury or if danger to the life of
another person can be feared, a custodial sentence of a maximum of 15 years or a fine of the fifth category
can be imposed. If an offence as described in Article 240b of the Dutch Criminal Code results in death,
the penalty carried by the offence is a custodial sentence of a maximum of 18 years or a fine of the fifth
category. 395 It is also possible to impose a community service order instead of a custodial sentence. 396
Suspended sentences and orders can also be imposed. 397
Additional penalties can also be imposed alongside the main sentences. A judgment can be pronounced,
requiring the deprivation of certain rights. 398 If the offence, for example in the case of child pornography,
has been committed within the scope of the convicted individual’s profession, the individual can also
be removed from this profession. 399 Some cases are known in which this penalty was imposed, but this
did not happen – or this did not happen solely – on the basis of an infringement of Article 240b of the
Dutch Criminal Code. 400
395 Article 248 of the Dutch Criminal Code. These circumstances that increase the penalty are also stated in
Article 28 of the Lanzarote Convention as circumstances that the court must take into consideration when
determining the sentence to be imposed for the criminal offences described in the Convention. See also
Article 5 of the EU Framework Decision, Council Framework Decision 2004/68/JHA of 22 December 2003
on combating the sexual exploitation of children and child pornography, OJ L 013, 20 January 2004.
396 A community service order consists of a working order – undertaking unpaid work – or a training order,
or a combination of the two, Article 9, paragraph 2 of the Dutch Criminal Code. At the time of writing,
the proposal that the training order for those of full age ceases to exist as an independent community
service order, is before the Upper House, Parliamentary Papers I 2010/11, 32 169 no. A.
397 A suspended sentence or order provides opportunities to work on changing behaviours and to prevent
possible reoffending. However, this depends not so much on the duration of – for example – the suspended
sentence as on the duration of the probationary period. As a rule, this probationary period is
two years. During the probationary period, the individual who has been convicted has to adhere to the
special conditions and is under rehabilitation supervision. The threat of enforcement of the suspended
sentence in the event of non-compliance with the conditions functions as a deterrent. The special conditions
that can be imposed in the case of suspended sentences, will be described in more detail in §3.6.2.
398 This can concern holding an office, serving in the armed forces, acting as a defence lawyer or courtappointed
administrator, Article 251, paragraph 1 of the Dutch Criminal Code in conjunction with
Article 28, paragraph 1, subsection 1 of the Dutch Criminal Code.
399 Article 251, paragraph 2 of the Dutch Criminal Code. See also Article 28, paragraph 1, subsection 5 of
the Dutch Criminal Code.
400 Cf. Court of Amsterdam, 12 October 2005, <strong>National</strong> Case Law Number: AU4229 (suspect is convicted of
being guilty of the death of a baby following cardiological intervention, and of the fact of making a
habit of having child abuse material in his possession. Amongst other sanctions imposed: the special
condition of suspended removal from the profession of doctor for a period of three years with a probationary
period of three years); Court of Den Bosch, 19 June 2001, LJN:AB2182 (suspect is convicted
for possession of child abuse material, committed several times, sexual abuse of a patient and sexual
abuse of a pupil. Amongst other sanctions imposed: the special condition of suspended removal from
the profession of GP for a period of four years.