El tipo penal en el delito canónico de pornografía infantil. Análisis y propuestas desde la teoría del delito

Abstract

The present work studies the penal type of the canonical delict of child pornography applying to the canonical area the conceptual tools proper to secular penal dogmatics. The first part is entitled ¿Criminal Phenomenology¿. It presents the reality of sexual delinquency from the perspective of different human sciences: sociology, forensic medicine, psychology and, especially, criminology. The second part of the work aims to expose the concept of ¿tipicidad¿ (actus reus) typicality that is used. Starting from the hypothesis that civil penal dogmatics can offer better solutions in this aspect, the systematic concept of typicity, typical of Claus Roxin's normative functionalism, is opted for the analysis of canonical delict. For this, this methodological option is broadly based. The third part studies the ¿tipicidad¿ of the crime of the clergy who immorally acquires, retains, exhibits or distributes, in whatever manner and by whatever technology, pornographic images of minors. The canonical normative sources of the delict of child pornography, the current juridic regime and the protected juridical right are studied. Finally, the elements of both the ¿tipo objetivo¿ (actus reus) and ¿tipo subjetivo¿ (mens rea) are analyzed: the concept of pornographic image, the age of the minor, the different behaviors sanctioned, the fraud, the libidinous will and the concept of immorality. This task is done from a multidisciplinary synthesis of the sources for the interpretation of the norm. It investigates the canonical tradition, the Magisterium of the Church, as well as the regulatory norms of pornography in international Juridic organizations and in the national legislation of several countries in which the roots of the Catholic Church are more significant, without forgetting, finally, the analysis of both canonical and civil doctrine and, specifically, of jurisprudence.