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3.5.5 Trends
The following trends emerge from the figures collected.
Implementation
An increasing number of prosecutions and trials are being carried out for offences concerning child
pornography
The annual number of child pornography cases registered with the Public Prosecution Service increased
in 2009 and 2010. This also applies to the number of child pornography cases settled by the Public
Prosecution Service. This trend is visible with regard to the courts in first instance in 2010. According to
the Public Prosecution Service, these recent developments are the result of a more intensive approach
towards tackling child pornography.
In particular, convictions are being handed down for non-aggravated child pornography
The vast majority of child pornography cases registered at the Public Prosecution Service involve nonaggravated
child pornography (91%). This is striking, considering the fact that it is relatively easy from
a legal point of view to prove the circumstance of making a profession or habit of possession of child
abuse material, which increases the penalty. However, it is possible that these figures provide a distorted
view of the reality as a result of incomplete registration.
<strong>Child</strong> pornography offences often also involve other sexual offences
If a graver offence than child pornography is involved in the same child pornography offence that is
registered with the Public Prosecution Service (23%), this almost always involves a sexual offence, usually
involving a minor. This also applies to child pornography cases in which suspects are sentenced by
the courts in first instance.
Conditional decisions not to prosecute are being made occasionally, but increasingly often
In the period between 2005 up to and including 2010, the percentage of conditional decisions not to
prosecute increased from 2% to 6%. This is an interesting development, considering the fact that conditional
decisions not to prosecute can (partly) be employed as an instrument of influence.
Relatively speaking, fewer prosecutions took place in 2010
The percentage of prosecutions in first instance in 2010 was lower than in the preceding years (85%
compared to an average of 92% in the period between 2005 and 2009.) It is possible that this can –
partly – be explained by the fact that the Public Prosecution Service is taking less obvious forms of child
pornography to court more and more often. These less obvious forms of child pornography can include
virtual child pornography or child pornography involving adolescents. The Public Prosecution Service is
also taking 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.
In most cases, a suspended custodial sentence with a community service order is imposed
In the event that a sentence is imposed in first instance, a fully suspended/ custodial sentence in combination
with a community service order is imposed in half of all cases. On appeal, this figure is approximately
40%. In first instance as well as on appeal, this is the most prevalent combination of main
sentences imposed in child pornography cases.
Increasingly severe sentences are being imposed
In the period between 2006 up to and including 2010, the proportion of non-suspended or partially sus-
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