¿En qué norma se regula el delito canónico de pornografía infantil? Un alegato a favor de la cláusula “contra bonos mores”
The article aims to present and analyze the discrepancies that exist in the regulation of the delict of child pornography, between the version of the Canon law (c. 1398 § 1. 3rd CIC) and the one offered by the Norms regarding delicts reserved to the Congregation for the doctrine of the faith (art. 6...
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| Format: | Article |
| Language: | Spanish |
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2023
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=9038094 |
| Source: | Anuario de derecho canónico : revista de la Facultad de Derecho Canónico integrada en la UCV, ISSN 2254-5093, Nº. 12, 2023, pags. 295-309 |
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| Summary: |
The article aims to present and analyze the discrepancies that exist in the regulation of the delict of child pornography, between the version of the Canon law (c. 1398 § 1. 3rd CIC) and the one offered by the Norms regarding delicts reserved to the Congregation for the doctrine of the faith (art. 6.2 SST 2021).
The work will show how the lack of harmonization between both regulations cannot be interpreted in the sense that the legislator is wanting to select, among the conducts that are prohibited in c. 1398 § 1. 3º CIC, a group of them, which would be those affected by the reservation to the Dicastery for the Doctrine of the Faith, from others that would not be affected by the reservation. This fact, together with the circumstance that the SST 2021 was promulgated after the Reform of Book VI, raises doubts about the validity of the Codicial norm or if it has been reformed in any way by the latter.
This circumstance opens up a further discussion of deep doctrinal and jurisprudential interest to determine which of the two wordings used by the legislator is the one that, in effect, typifies the delict of child pornography. This will imply delving into the canonical institutions of the promulgation of the norms (cc.7-8), their repeal (cc. 20-21), as well as their scope of application. |
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