Distribution of pornography is a step behind bars

On 03.10.2016, the court session in the criminal case against a 31-year-old resident of Vitebsk, (employed, with a minor child in his care) Andrey (name changed by the author) was concluded in the Pervomaisky District Court of Vitebsk. The young man appeared before the court for committing two crimes:

the distribution of pornographic materials committed using the global computer network the Internet (Part 2 of Article 343 of the Criminal Code - provides for punishment of up to 4 years of imprisonment) and for a similar act with a qualifying feature involving a person known to be a minor (Part 2 of Article 343-1 of the Criminal Code - provides for punishment of up to 8 years of imprisonment with confiscation of property).

It all began in 2010 when Andrey registered on the popular website "VKontakte". In the period from 08.06.2012 to 24.04.2013, the young man visited websites containing pornographic materials. Andrey downloaded individual video clips to his page and posted them in his account in the video section. Andrey believed that he was not violating anything by his actions. However, Andrey did not take into account that his posts were freely accessible and could be viewed by almost any Internet user. Thus, the illicit video clips soon became available for viewing by law enforcement officers during their monitoring of the social network "VKontakte". According to the expert's conclusion, all the video clips found on Andrey's page contain pornographic materials, and one of the video clips contains a recording with signs of child pornography. In court, Andrey pleaded guilty, stating that he had no intention of distributing or drawing attention to pornographic materials.

By the court's verdict, which entered into force, Andrey was sentenced to 3 years of imprisonment without confiscation of property for the totality of crimes. However, considering that the young man had not been involved in anything reprehensible before, was employed, and the corrective impact of the court might have taken place, the imposed sentence of

the deprivation of liberty is postponed for 2 years. In accordance with Part 4 of Article 77 of the Criminal Code of the Republic of Belarus, the court obliged Andrey not to change his place of residence and to perform socially useful work for 120 hours in his free time.

Vitebsk Transport Prosecutor
Tsarikov Alexander Anatolyevich