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Basque Country court upholds six-and-a-half-year sentence for child pornography distribution

The ruling is not final and can be appealed to Spain’s Supreme Court.

The High Court of Justice of the Basque Country upheld a six-and-a-half-year prison sentence for a man convicted of distributing child pornography. The ruling is not final and may be appealed to Spain’s Supreme Court.

Source: General Council of the Judiciary of Spain

Building housing the High Court of Justice of the Basque Country in Spain
The High Court of Justice of the Basque Country in Spain. Illustrative photo. Photo: Diego Delso / Wikimedia Commons, CC BY-SA 4.0

The High Court of Justice of the Basque Country upheld a six-and-a-half-year prison sentence imposed by the Provincial Court of Gipuzkoa on a man for distributing child pornography described as “particularly degrading”.

The court found that between 5 November 2022 and 27 July 2023, the man collected a large number of child pornography images and videos through an internet program and shared them with other users of the program.

The defendant told the High Court that he had not known he was transmitting files to others and had intended only to obtain them for his own use.

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The court said there was sufficient evidence to rebut the presumption of innocence and that the legality of the evidence had not been challenged. It also noted that the conduct took place over an extended period, making the claim that he did not realize files were being shared less credible.

The ruling is not final and can be appealed on points of law to Spain’s Supreme Court.

Translated from Spanish using artificial intelligence. Source: General Council of the Judiciary of Spain

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