Child pornography

Questioner

I received a letter from the police stating that I have to be interrogated for possession of child pornography. In December last year I had an interrogation for indecent assault, at that time I had to hand over my mobile phone. I had some videos of a girl in which she was naked to show the police that the girl undressed herself of her own free will. Because this girl has accused me of assault at the police, this girl was 15 now 16, I was 17 now 18. My mobile phone has been read out and I know for sure that I now have to be interrogated precisely for those videos that I wanted to use as evidence for the interrogation at that time. What can happen now for the interrogation about child pornography?

Lawyer

Possession of child pornography is a sexual offence. A conviction for this can have long-lasting consequences. Assistance from a lawyer is therefore highly recommended. One problem is that only arrested (minor) suspects are entitled to a free consultation with a lawyer before the interrogation and assistance during the interrogation. If the interrogation is by invitation, this does not apply and assistance is therefore at your own expense. A trick could be for the lawyer to agree with the public prosecutor that you will be arrested shortly before the interrogation and released immediately after the interrogation, so that you are entitled to this free assistance. This can also be a lawyer of your own choice. If the date/time of the interrogation in the invitation does not work out, there is always a possibility to move the interrogation in consultation with the police.

Lawyer

Dear Sir/Madam, You can often read in the letter inviting you for questioning whether they want to hear you in connection with an act for which pre-trial detention is permitted. Article 240b of the Dutch Criminal Code regulates the criminalization of, among other things, possession of child pornography. Pre-trial detention is permitted in principle on the basis of that article. If you are arrested for questioning, you are entitled to the assistance of a lawyer at the expense of the state. If they do not arrest you for questioning, I also advise you to take a lawyer with you to the questioning, as the interests are great. Agreements can be made with you for the costs of legal assistance. If you would like to discuss the content of your case in more detail, you can always contact me directly.