THE CRIMINAL OF VIRTUAL AND PSEUDO PORNOGRAPHY IN COSTA RICA CRIMINAL CODE

Abstract

The text aims to address the legal and criminal policy treatment that has been given to the crime of virtual pornography and pseudo-pornography since its introduction in article 174 bis of the Costa Rican Penal Code, as well as to demonstrate the constitutional flaws that its wording presents. For these purposes, this article criticizes criminal policy studies and legal techniques used in the formulation of criminal felonies of child pornography, through the study of Spanish comparative law, in addition to a brief analysis of the lack of protected legal assets by this numeral.