Harassment occurs in various ways: between ex-partners, in the form of telephone terror, at work, etc. It is criminalized in Article 442bis of the Penal Code. This article punishes “anyone who has harassed a person while knowing or should have known that their behavior would seriously disturb that person’s peace.”

But where is the line for criminality now? When are you a perpetrator? What can you do as a victim?

What is harassment or stalking?

There is no strict definition of harassment. This is a deliberate choice by the legislator so that judges can interpret the concept in line with an ever-evolving society. Generally, you could define harassment or stalking as “bothering someone in a way that causes them inconvenience.” This is, of course, quite broad.

Therefore, several additional criteria are very important to speak of stalking:

Specific person

The harassing actions must have ensured that “the peace of a specific person was seriously disturbed.” The term “specific person” is not a random choice of words. This way, the legislator excludes certain categories of “harassers” from the scope. Think of beggars, paparazzi, representatives, etc. The term “seriously” also limits the scope. Here too, the judge’s interpretation is crucial.

Intentional

The harasser “knew or should have known” that their behavior would seriously disturb the peace of the harassed person. This implies that the acts were intentional. The “intentional” factor is assessed by comparing the harasser’s behavior to that of a “normal, careful, and forward-thinking citizen.” So, if you engage in actions that most citizens perceive as seriously harassing, you can assume that your actions are punishable. It targets deviant behavior.

What to do if you are a victim of harassment?

Engage a lawyer

If you are a victim of harassment, you can seek legal advice and guidance from our Criminal Law lawyers for the various steps.

What do we concretely do?

• We assess your situation and any steps already taken.
• Drafting and filing the complaint with the investigating judge.
• We defend your case in court.

If you are prosecuted as the perpetrator of the crime of stalking, you can also seek legal advice from us. We handle your case discreetly and promptly.

Step 1:

EITHER: File a complaint with the police

We recommend filing a complaint with the police whenever you are harassed. To demonstrate that the perpetrator is causing you inconvenience, you must be able to ‘prove’ the criteria described above as best as possible. The most efficient way to do this is by having the police draw up an official report for each incident. An official report has strong evidentiary value, which can be important if it comes to a criminal procedure.

OR: File a complaint with the investigating judge

Does the stalking continue despite the above steps? As a victim, you can also file a complaint with the investigating judge. This initiates a judicial investigation, where the court ultimately determines whether there is indeed stalking and, if so, what the penalty for the perpetrator will be. As a victim, you can claim compensation.