A Monaco lawyer prosecuted for possession of child pornography comics was acquitted by the Monaco criminal court, citing insufficient evidence of intent. The comics, which depicted minors in explicit scenarios with adults, were discovered on the lawyer’s computer in 2017 during a search related to a high-profile legal battle between Russian billionaire Dmitri Rybolovlev and Swiss art dealer Yves Bouvier.
The lawyer, a 60-year-old Monegasque, stood trial on October 8, facing charges of possession and access to prohibited images. The prosecution sought a three-month suspended prison sentence and a 5,000 euro fine, distinguishing the comics as “computer-generated, drawing creations that did not pose the same level of severity or risk as real images.” However, on Tuesday, the court acquitted the lawyer “on the benefit of the doubt,” concluding there was insufficient proof of intent to possess or access the content.
Defence attorneys William Bourdon and Basile Oudet welcomed the ruling, telling Monaco-Matin: “This acquittal puts an end to all forms of manipulation and restores the honour of a formidable lawyer.”
The comics were discovered during a search conducted as part of the Rybolovlev-Bouvier case, where the lawyer had represented Bouvier. Alongside over 100,000 classic comic files, a few images were flagged by forensic experts, raising questions of intentional possession. During the trial, the lawyer’s defense presented two possible explanations: either the images were a result of “unintentional downloading” amidst a vast library of comic files, or they were an attempt at “settling scores,” as tensions ran high during the legal dispute. “I didn’t know these comics were there,” the defendant testified, adding that it was impossible for him to review every file among thousands on his device.
The court ultimately determined that there was no clear evidence of intent to possess or access the material. Although some erotic and pornographic files were found on his computer, none involved real minors, and his internet search history revealed no terms related to child pornography. Additionally, analysis of viewing history was impeded by technical limitations: only a partial copy of the computer’s hard drive (around 10 percent) had been made by an expert, leaving crucial event logs incomplete and eliminating the possibility of determining if the comics had been accessed.
The court’s decision closes a complex chapter for the lawyer, who maintained his innocence throughout the proceedings, asserting the images were unknown to him among his extensive collection of comics.
Image by Jack Brodie
