The Helsinki District Court had dismissed the man’s charges, but the Court of Appeal ruled. The man demanded the confiscation of the phone back.
39-year-old two videos of child abuse were found on the man’s cell phone.
The Helsinki Court of Appeal convicted a 39-year-old man of possession of a picture depicting two sexually abusive children. The man was fined 65 days. He will have to pay a fine of 585 euros.
The district court had previously dismissed the charges against the man concerning the dissemination of a sexual offensive image of children and the dissemination of an outrageous sexual offense image of a child.
In the second from the videos in the video, the adult man treated the very little boy very humiliatingly. The video contained serious violence.
The man forwarded the recordings from his phone.
The prosecutor upheld his primary charges in the Court of Appeal, but presented, as a last resort, the conviction of the man for the above-mentioned possession offense, from which the Court of Appeal also convicted the man.
According to the Court of Appeal, it was a matter of “sending child pornography images using the WhatsApp application on a mobile phone”.
Pornographer the person disseminating the material is not only regularly guilty of possession of such an image.
The prosecution may not be changed by law, but the fact that the prosecutor states a different point of law than in the summons application is not considered to be a change of charge.
The district court had dismissed the man’s charges, holding that the man’s crimes did not meet the primary charges and no alternative charges had been filed.
The man sent the videos to individuals over a period of just over a year. According to the Court of Appeal, it did not meet the characteristics of a distribution offense because it was not so extensive and continuous.
The man’s cell phone was condemned to the state, but he was allowed to keep a memory card. However, a man may keep his phone if illegal files are deleted so that the phone is cleared by resetting it to factory settings.