Child porn felon freed in photo fakery case

The Supreme Court in the Republic of Cyprus has commuted a child porn prison sentence of a man in Larnaca after it emerged that images used to incriminate him were not real.

According to local media, a 53-year-old man in Larnaca had his prison sentence commuted by the Supreme Court after the judges said his punishment was “clearly excessive.”

Back in December 2020, Cyber Crime police officers in Larnaca arrested the man on charges of possession and distribution of child pornography, with prosecutors later in court pointing to two photos stored on his phone that depicted a young girl having sex.

The man, who got 30 months behind bars in September 2022, had pleaded guilty to two charges in violation of a law on preventing sexual exploitation of minors and child pornography that provided for sentences up to 10 years and life in prison respectively.

In his appeal the man, whose nationality has not been disclosed to the media, argued that a 30-month sentence was “clearly excessive, eliminative, and unfair” while also drawing attention to the fact that the case against him “was based on only two saved images.”

Based on details heard during the appeal, the district court judges knew the photographs did not depict an actual minor or a real sexual act.

It was also stated that the likeness of a young girl was simulated, suggesting the image was computer-generated though morphing, such as grafting a child's face onto the naked body of an adult female.

But Article 8(1) in the law does not make explicit references to a real victim.

“Any person who obtains or possesses child porn material is guilty of a felony and in case of a conviction shall be subject to a prison sentence not to exceed ten years,” it is stated.

The Supreme Court scolded the district judges for failing to suspend the sentence, citing the man’s clean criminal background and pointing out that prosecutors in the trial did not dispute the argument by the defense that he never distributed or exchanged the images online.

But the appeal judges also said their decision “in no way does it set a new precedent in addressing crimes of this nature.”

The Supreme Court did not suspend or alter the sentence but ordered it be commuted immediately, thus allowing the convicted felon to walk free.

It was not fully clear whether he had been incarcerated since his initial arrest 28 months ago or his sentencing trial that took place last fall.