Prawnokarne i kryminalistyczne środki zwalczania zjawiska cyberpedofilii w świetle regulacji zawartych w kodeksie karnym na przykładzie przestępstwa groomingu

Abstract

Cyberpdofilia is one of the particularly dangerous socially varieties of cybercrime, where potential victims are underage. It is inextricably linked with the development of technology and computers, especially the wide and often uncontrolled access of minors to the Internet. Article focuses on one of the latest crimes classified as cyberpedofilia – groomingu. It consists in establishing by pedophiles and persons with pedophile tendencies via the Internet, contact with minors in order to achieve genuine contact with them and sexual exploitation. This article reviews the issues groomingu shots in the Polish Penal Code of 1997. Attention was in this context to the major problems not only in terms of regulation criminal law, but the prosecution cyberpedophilia, including grooming, resulting from the lack of a clear and precise interpretation of the term „pedophile”. The article contains an overview of behavior on the Internet, exhaustive signs grooming, then the discussion of the problems of regulating this crime in the Penal Code of 1997. Due to the potential cross-border nature cyberpedophilia, In this gromming, it must take account of international obligations in the field of law enforcement Polish pedophilia. The conclusions noted that it adopted in the Polish criminal law solutions to cyberpedophilia and grooming arouse significant reservations doctrine of criminal law. During de lege ferenda should therefore pay attention to the need to take them into account.