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Court finds writer Kaur Kender not guilty on child porn charges

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The Tallinn-based Harju County Court on Tuesday found writer Kaur Kender, accused of the production of child porn in a piece of prose titled "Untitled 12," not guilty.

The court found that the guilt of the accused has not been proven.

The judge said that the court made its decision based on an expert opinion of semioticians according to which "Untitled 12" is not a work of pornography but a work of literature. The court also took into consideration the opinions of other experts who advised the semioticians.

The court ordered the state to compensate Kender for legal fees in the amount of 20,208 euros and 35,600 euros paid for expert opinions. Kender must be paid 500 euros in non-material damages and the cost of the expert surveys must be borne by the state.

Commenting on the court's decision, Kender expressed gladness but said that the acquittal doesn't undo the suffering he endured during more than two years.

Prosecutors intend to appeal the acquittal of Estonian writer Kaur Kender on charges of production of child pornography with the Tallinn District Court.

Kristina Kostina, spokesperson for the North Circuit Prosecutor's Office, said the aim of the prosecutors is to get a broad-based legal assessment of the case and therefore the acquittal by the Harju County Court will be taken to the appellate court.

In mid-March, the lawyer for the defense said that Kender should be acquitted, whereas the prosecutor sought a pecuniary punishment for the accused.

Kender pleaded not guilty in the trial that started on May 2, 2016.

The statement of charges says that the content of "Untitled 12," written by Kender, is made up of detailed descriptions of acts of sexual intercourse between an adult man and small children. Kender published the piece on the nihilist.fm website.

Kender told investigators his work is not a depiction of children in a pornographic situation but of the psychological disintegration and psychiatric collapse of a sexual maniac and serial killer, executed through the prism of immense grotesque.

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