Stalking

Stalking in Europe

Stalking in Germany

Provisions relating to stalking in the German Criminal Code [1]: This criminal issue is covered by Chapter Eighteen, under the heading “Offences Against Personal Freedom,” located in Section 238 Stalking, which reads: (1) Whosoever unlawfully stalks a person by 1. seeking his proximity, trying to establish contact with him by means of telecommunications or other means of communication or through third persons, 2. abusing his personal data for the purpose of ordering goods or services for him or causing third persons to make contact with him, 3. 4. threatening him or a person close to him with loss of life or limb, damage to health or deprivation of freedom, or 5. committing similar acts and thereby seriously infringes his lifestyle shall be liable to imprisonment of not more than three years or a fine. (2) The penalty shall be three months to five years if the offender places the victim, a relative of or another person close to the victim in danger of death or serious injury. (3) If the offender causes the death of the victim, a relative of or another person close to the victim the penalty shall be imprisonment from one to ten years. (4) Cases under subsection (1) above may only be prosecuted upon request unless the prosecuting authority considers propio motu that prosecution is required because of special public interest.

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Notes

  1. The content of the translated German penal code in relation to stalking is current as of 2010

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