Russian Armed Forces: downloading porn does not mean distributing it
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The Supreme Court issued a ruling in the case of a citizen who received a suspended sentence for possession and distribution of pornographic materials on the Internet. The Supreme Court’s definition states that downloading and storing porn on a personal computer “does not, by itself, lead to an indisputable conclusion that there is intent to distribute it,” said “Kommersant”.
It is reported that earlier the lower court decided that there was no corpus delicti in the actions of the accused, but this decision was challenged by the prosecutor’s office, who indicated that the termination of the criminal case in this case “distorted the essence of justice.”
At the same time, the prosecutor’s office pointed to the fact that if the accused downloaded a porn video using a special program, “he perfectly understood that this file would be available to an unlimited circle of people.”
The Supreme Court, for its part, drew attention to something else: the citizen “almost immediately deleted” the downloaded video and “as such, he did not pursue the goal of distributing this file”, while the video itself was not on the media seized by the investigation.
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