Το κανονιστικό πλαίσιο για την εκδικητική πορνογραφία
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Keywords
Εκδικητική πορνογραφία ; Revenge porn ; ΠΚ 346 ; Μη συναινετική πορνογραφίαAbstract
This diploma thesis aims to establish, analyze and present the regulatory framework of the provisions regarding the criminal treatment of the criminal phenomenon of revenge pornography in the Greek legal order.
In Part A of this document, the conceptual definition of the phenomenon will take place, with the emphasis of its basic characteristics. Next, the choices of the national legislator regarding the criminal treatment of the phenomenon will be narrated, starting from the provisions of Law 2472/1997 and Law 4624/2019 on the protection of personal data until the recent adoption of Law 4947/2022, and the institutionalization of Article 346 of the Penal Code.
At a later stage, emphasis will be placed on the analysis of the specific substance of the offence of Article 346 of the Penal Code, presenting the terms and conditions required by this provision to satisfy the objective and subjective substance of both the predicate offence referred to in paragraph 1 and its aggravated variants, as described in the provisions of paragraphs 3 and 4. Furthermore, a brief reference will be made to judgments of national courts, which have had a significant influence on the interpretation of existing and earlier criminal provisions. Finally, the assessment of the provision of Article 346 of the Penal Code will be outlined, highlighting both the positive choices of the Legislature and its failures.
Regarding Part B hereof, a brief presentation of the legislative options adopted by the Canadian federal legal order regarding the standardization and general treatment of the criminal phenomenon will take place. The focus of the analysis will be on the provision of Article 162.1 of the Canadian Penal Code, in order to carry out a comparative overview with the Greek model of the provision of Article 346 of the Penal Code.