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Stalking, what will change with the new standard

Even a quick survey on the new Article 612 bis cp designed to punish him for Stalking.

In the previous comment about all I have some synthetic purely legal considerations: the rule of course but also lends itself to considerations of different types. Here is what will change with the new standard:

1) finally there is a strong protection for the most serious cases of harassment;

2) the ability to provoke a state of anxiety / fear / etc. must be adequately and specifically evaluated in relation to objective factors. This is a serious crime with a profile prescribed by law that deserves a serious application (and not constructive).

Overall, it is therefore a step forward in several respects, a rule was necessary and it is good that has been made . It is, as always, a standard room for improvement, which expect to see played and we hope that, above all, to be applied seriously.

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Stalking: a short commentary article. 612bis CP

Here, in brief what are the characteristics of the art. 612 cp:

1) The crime of harassment and disturbance to people (art. 660 cp) is definitely behind us today to speak of a crime completely different in every respect. Starting from its location, the 612 bis is in fact a crime against the person (and a crime!) rather than a bland contravention against public policy;

2) prosecution: correctly is a lawsuit by the injured party (terminating, however, increased to six months ), with the possibility to act ex officio for special cases;

3) The amount prescribed profile seem reasonable and balanced - with the exception of the aggravating circumstance provided where the offense is committed by a spouse or person linked to emotional relationship ( This is statistically the most frequent case but I can not understand why the existence of a prior or existing bonds of affection should make more serious the crime, as noted by my colleague also Minotti )

4) The wording of the crime in two states: a pipeline harassing / threatening repeated and the ability to provoke a state of anxiety / fear / change life habits of the subject person. If the recurrence I will follow the prevailing case law developed in terms of noise and nuisance to people who wanted the crime when committed repeated at least twice, I think the problem will arise however with the definition of a state of anxiety / fear. Again: I think the wording of the rule-oriented to follow the guidance on the subject of constant threats, or punish the ability to give rise to an emotional disturbance rather than the real realization of the event. This interpretation, if confirmed, would also avoid the consequences of any consideration on any causal link between harassment and conduct harmful event (status anxiety / fear / etc). The question is of no small moment when one considers that the main difficulty in civil cases of bullying is just proof of causation.

5) The offense is led to freedom: it is therefore appropriate to also punish the conduct of cyber stalking committed on the Internet or with the use of information systems / computer.

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Stalking: finally a law!

Stalking here is the law in force since 25.02.2009

'Art 612-a (persecution). - Unless the act constitutes a serious crime, and 'punished with imprisonment from six months to four years anyone with repeated conduct, threatening or harassing someone in such a way as to cause a serious and continuing state of anxiety or fear, or give rise to a well-founded fear for the safety of self or a relative or person related by the same loving relationship or to compel the same to alter their habits and vita.La penalty 'increased if the act' committed by a spouse legally separated or or divorced person who has been linked to emotional relationship to the person offesa.La pain and 'increased by up to half if the act' committed against a minor, a pregnant woman or a disabled person referred to in Article 3 of Law 5 February 1992, No 104, or with arms or a person travisata.Il crime and 'punished on complaint of the victim. The deadline for bringing the lawsuit and 'six months. We shall, however, ex officio if the act 'committed against a minor or a disabled person referred to in Article 3 of Law 5 February 1992, No 104, as well as 'when the fact is' connected with another crime for which you must carry out an official.. "