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314<br />

<str<strong>on</strong>g>Child</str<strong>on</strong>g> PornograPhy First report oF the Dutch NatioNal rapporteur<br />

the cases selected <strong>in</strong> this <strong>in</strong>stance could also relate to Article 240 of the Dutch Crim<strong>in</strong>al Code (publicly<br />

display<strong>in</strong>g an <strong>in</strong>decent image or object or send<strong>in</strong>g an <strong>in</strong>decent image or object without be<strong>in</strong>g asked to<br />

do so), or Article 240a of the Dutch Crim<strong>in</strong>al Code (show<strong>in</strong>g an image that is harmful to people under<br />

16 years of age to a pers<strong>on</strong> under 16 years of age). It is important that this is taken <strong>in</strong>to c<strong>on</strong>siderati<strong>on</strong>.<br />

However, for reas<strong>on</strong>s of clarity, when offence code ‘240’ is used <strong>in</strong> §3.6.5, <strong>on</strong>ly child pornography will<br />

be discussed. 7<br />

7 NB: In 2010, there were 36 cases that were recorded with the Public Prosecuti<strong>on</strong> Service and 16 cases<br />

that were c<strong>on</strong>cluded by the court <strong>in</strong> the first <strong>in</strong>stance, <strong>in</strong> which Article 240 of the Dutch Crim<strong>in</strong>al Code<br />

and/or Article 240a of the Dutch Crim<strong>in</strong>al Code were <strong>in</strong>volved, but where Article 240b of the Dutch<br />

Crim<strong>in</strong>al Code was not <strong>in</strong>volved (source: data from the Public Prosecuti<strong>on</strong> Service). It is not clear how<br />

many of these cases were ultimately referred to the probati<strong>on</strong> and after-care services.

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