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Especially for those cases where the offences referred to in this Directive are committed with the purpose of financial gain, Member States are invited to consider providing for the possibility to impose financial penalties in addition to imprisonment.In the context of child pornography, the term ‘without right’ allows Member States to provide a defence in respect of conduct relating to pornographic material having for example, a medical, scientific or similar purpose.Serious forms of sexual abuse and sexual exploitation of children should be subject to effective, proportionate and dissuasive penalties.

Council Framework Decision 2001/220/JHA of 15 March 2001 on the standing of victims in criminal proceedings () establishes a set of victims’ rights in criminal proceedings, including the right to protection and compensation.The Council conclusions of 24 and 25 April 2002 on the approach to apply regarding approximation of penalties, which indicate four levels of penalties, should be kept in mind in the light of the Lisbon Treaty.This Directive, because it contains an exceptionally high number of different offences, requires, in order to reflect the various degrees of seriousness, a differentiation in the level of penalties which goes further than what should usually be provided in Union legal instruments.Serious criminal offences such as the sexual exploitation of children and child pornography require a comprehensive approach covering the prosecution of offenders, the protection of child victims, and prevention of the phenomenon.The child’s best interests must be a primary consideration when carrying out any measures to combat these offences in accordance with the Charter of Fundamental Rights of the European Union and the United Nations Convention on the Rights of the Child.

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