The recent Netflix hit series Reindeer has reignited the controversy surrounding stalking. Many suspect that stalking can be a crime. But few can guess how far it can go and how to define themselves against it. In today’s article, we’ll give you some advice on how to deal with a situation that can be assessed as stalking.
We can help you prepare a criminal complaint, evaluate the evidence, and set the next course of action so that the matter is not made light of or delayed without proper investigation.
The offence of dangerous stalking under section 354 of the Criminal Code is committed by a person who persecutes another for a prolonged period of time by
and, by that conduct, causes him or her to enter into reasonable fear for his or her life or health or for the life and health of persons close to him or her.
Stalking, or dangerous stalking, is grouped together with, for example, the offence of dangerous threats, to which it is often very close. At the same time, it is an offence that can only be prosecuted with the consent of the victim if, in simple terms, there is a close relationship between the victim and the stalker.
Dangerous stalking must satisfy the conceptual elements which must be jointly fulfilled by the conduct. These are:
Case law generally speaks of conduct that lasts at least a month. However, it should be added that the intensity of the conduct also matters. In other words, if the dangerous stalking consists “only” of sending unsolicited text messages, it is better to first define oneself against the perpetrator and only contact the police if this type of behaviour is repeated over many weeks. If you have had a shell casing in your mailbox three times in one week and have been stalked and knocked on your downstairs window for three evenings, then definitely don’t wait until a month has passed to contact the police. If there are only sporadic or random acts of otherwise unwanted behaviour then it is not stalking, but could theoretically also be another offence, such as making dangerous threats.
These forms are the aforementioned threats, stalking, persistent contact, restriction in everyday life or misuse of personal data.
Very often the perpetrator chooses a combination of the above actions.
This third condition must always be present. The fact that a neighbour always waits for us outside the house and accompanies us on the bus to work at the same time in the morning is far from being stalking. If it is a mutual friendly contact that we do not object to and have no fear of, then everything is undoubtedly fine.
Our team of experienced attorneys will help you solve any legal issue. Within 24 hours we’ll evaluate your situation and suggest a step-by-step solution, including all costs. The price for this proposal is only CZK 690, and this is refunded to you when you order service from us.
Have you been a victim of a crime? Whether it’s the theft of a wallet on a tram, a violent assault in a park or domestic violence, victims of crime have rights under the law. Find out what to do in such a case and what you are entitled to.
We have already looked at the legal definition. In general terms, or in psychological literature, we encounter the characterisation of stalking as an abnormal fixation on a particular person who is then unwillingly pursued, harassed and contacted by the perpetrator.
In practice, each case of stalking is slightly different. The Office of the Accessible Advocate was contacted by Ms. Markéta, who was concerned about stalking. She had broken up with her partner, Honza, two months earlier and he had been bombarding her with messages and begging her to come back ever since. At first she tried to answer and explain everything to him. Later, she stopped responding and her ex-partner switched to personal contacts. He visited Ms. Margaret at work, waited for her outside her house and even showed up at a weekend retreat where Ms. Margaret had gone with her new boyfriend. Although up to this point the messages would have appeared rather pleading and amorous, at this point they turned into aggressive name-calling and threats. Ms. Markéta first went to the local police department to discuss the problem. However, she herself was not sure whether or not it was a crime and rather downplayed the situation, saying that her ex-partner probably meant well and still liked her. The police therefore advised her not to think about it and that the ex-partner would get over it in time. In reality, however, Ms Markéta was afraid of him, her sleep deteriorated and she started to lose weight. In such a situation, however, it is appropriate to put a firm end to the offender’s actions.
Up to two-thirds of criminal complaints are dropped. So what is the correct procedure for filing a criminal complaint, who can file it, and what three things to look out for before doing so? We look at this in a separate article.
Stalkers can take many forms. The most common form of stalking is partner stalking, where the stalker was originally the partner of the person being stalked and could not accept the break-up and end of the relationship. They account for up to 50% of all stalkers. At the beginning, they often just want to express their lingering feelings and do not realise that they have crossed the line. The problem is if they do not even respect a clear ‘no’ from their victim. Often it is only contact with the police that helps to make them realise that this behaviour is not okay.
Stalking tends to be downplayed by society. It often does not go as far as physical contact or violence. At least at first. That’s why many people think it’s no big deal. But few people can imagine what such behaviour means to the victim. Many victims have psychological problems and end up in the care of professionals.
Defence can take place on several levels. If the stalker is recruited from our neighbourhood and we know them intimately, we should send a clear signal that we do not want to see them and do not want to associate with them. For example, if our relationship has not been clearly ended and the ex-partner thinks we have “taken a break”, he or she may think that his or her form of expressing feelings will make us want to get back together again. Do not accept the stalker’s suggestions and conditions at such a time, as the situation may get worse. He should hear clear disapproval of the way he is behaving. Despite the fact that you have compassion for your ex-partner, have had many good times and don’t want to be mean to him/her, try to be firm and clear. If you explain that “your messages are a bit much, and I’m glad you’re interested in me, but you’re overdoing it“, he’ll probably interpret this to mean that he’ll only send you five messages instead of ten and still expect the relationship to continue.
If it is a stranger, we should first and foremost behave in a way that keeps us safe. Violence and inappropriate behaviour should not be condoned, but at the same time we need to evaluate whether we are really able to face it if, for example, we go home alone at night. It is therefore necessary to realistically assess what we may be at risk of and to minimise the danger. Using taxis, being accompanied by another person, etc.
At this stage, it often turns out that the biggest problem is not only the perpetrator’s actions themselves, but also how to describe and document everything correctly. This is what we can help you with: we will assess whether the elements of the crime have already been met, prepare the basis for a criminal complaint and suggest the next steps to be taken against both the police and the perpetrator.
A practical example
We helped Marketa to prepare a criminal complaint so that it was of good quality and the police actually dealt with it. We gathered all the evidence, which included voice and text messages, emails, witness statements from colleagues and photographs of unsolicited gifts and intimidating objects (a razor blade with red dye). We have clearly described the frequency and intensity of the conduct, and have pointed out that it is a long-term, intense activity involving threats, surveillance and unsolicited contact. In addition, the victim is restricted in her personal life and the perpetrator’s actions cause her considerable anxiety. The case of Mrs Markéta was therefore an almost textbook example of dangerous stalking, which involved a combination of several possible forms.
The police became intensively involved in the situation and the case ended up in court, which gave the perpetrator a suspended prison sentence and a ban on any further contact with Ms Markéta.
Contacting the police and insisting on an investigation into the crime is often the only action that can stop the perpetrator. However, it is advisable to work with a solicitor to ensure that a criminal complaint does not fall under the table.
The general criminal penalty for stalking is imprisonment for up to one year or a ban from work. A more severe penalty, six months to three years, is available if the offence is committed against a child or pregnant woman, against another because of his or her actual or perceived race, membership of an ethnic or other group, nationality, political opinion, religion or because he or she is actually or perceived to be without religion, with a weapon or with at least two persons.
Stalking is an offence under section 354 of the Criminal Code and typically involves prolonged or intense surveillance, threats, unsolicited contact or misuse of personal information. It is not just the number of messages or the duration that is crucial, but more importantly the intensity and impact on your daily life. The current legislation provides for a sentence of up to one year for the basic offence and six months to three years in more serious cases.
From a practical point of view, the most important thing is not to wait too long. Clearly define the boundaries, start immediately to store evidence and think through security measures. In many cases, it is not only whether the victim is in the right, but also whether he or she can present his or her case in such a way that the police or other authorities can see the longevity, intensity and real impact of the conduct. That is where the help of a lawyer makes sense.
When the behaviour is prolonged or very intense and is likely to cause you reasonable fear for your health or life. It is not enough that it is unpleasant.
It is not a legal requirement in all cases, but in practice it often helps to prove that the contact was unwanted. However, in dangerous situations, do not wait and deal with safety as a priority.
Messages, emails, screenshots, call logs, photos, camera footage, witness list and a custom timeline of events.
Yes. Even a body of circumstantial evidence can be significant. The important thing is to write it all down properly and document it in context.
Yes. The law expressly provides for persistent contact by electronic communications.
This is a very common situation in practice. Don’t underestimate it, clearly refuse contact, store evidence, and take the matter up with the police or a lawyer depending on the intensity.
Our team of experienced attorneys will help you solve any legal issue. Within 24 hours we’ll evaluate your situation and suggest a step-by-step solution, including all costs. The price for this proposal is only CZK 690, and this is refunded to you when you order service from us.
Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
In person and online. Just choose the appropriate service or opt for an independent consultation when you are unsure.
