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<strong>Child</strong> PornograPhy First report oF the Dutch NatioNal rapporteur
Figure 3.15 Cases settled in first instance by type of settlement (2005-2010)
100%
90%
80%
70%
60%
50%
40%
30%
20%
10%
0%
2005 2006 2007 2008 2009 2010
Year
Other
Full acquial
Conviction
On average, 91% of the cases settled in first instance led to a conviction 464 , 465 and 6% resulted in full
acquittal. Other types of settlement hardly took place at all (3% of the total altogether). It is striking that
in 2010, fewer sentences were imposed (85%) and more full acquittals took place (8%) in comparison
with the previous years, relatively speaking. It is possible that this can be (partly) explained by the fact
that the Public Prosecution Service has recently been taking more cases to court, with the intention of
creating case law with regard to the ‘grey area’ between the material that does and does not constitute a
criminal offence. 466 However, without carrying out further research, it is not possible to state what the
possible causes of this development could be.
Convictions in first instance by severity of charges
Figure 3.16 provides an overview of the gravest registered offence charged, per child pornography
case, that resulted in a conviction in first instance. 467 The offence that carries the most severe penalty
is considered to be the gravest offence. 468 This term does not provide a qualitative assessment of the
offence.
464 Please note: it can be the case that an offender is convicted for other offences than the offence of child
pornography. Unfortunately, the Public Prosecution Service data does not provide reliable information
with regard to convictions for – in any case – child pornography.
465 These figures differ to a limited extent from the figures that were published in the Public Prosecution
Service 2010 Annual Report. The differences are probably the result of different reference dates and
possibly other marginal selection criteria. The figures in the Public Prosecution Service 2010 Annual
Report are therefore not based exclusively on Article 240b, but are also based on classifications (verbal
information from the Public Prosecution Service, May 2011).
466 Public Prosecution Service, 2011. See also §1.4.1.1
467 Please refer to Appendix 4, Table B4.14 for the table containing the complete summary of this data.
468 In the event of a combination of offences which carry the same penalty, child pornography shall be
classified as the gravest offence. If, following this, multiple offences that carry the same penalty as each
other still exist, the offence that is reported as being charged first shall prevail.