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- Greece
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ObservationsThere is neither a legal definition for stalking, nor relevant legislation (however the victim can be protected by other legal provisions e.g. provisions for threat).
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- Ireland
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- Violence
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In Ireland, stalking is covered under"harassment": any person who, without lawful authority or reasonable excuse, by any means including by use of the telephone, harasses another by persistently following, watching, pestering, besetting or communicating with him or her, shall be guilty of an offence. A person harasses another where (a) he or she, by his or her acts intentionally or recklessly, seriously interferes with the other's peace and privacy or causes alarm, distress or harm to the other, and (b) his or her acts are such that a reasonable person would realise that the acts would seriously interfere with the other's peace and privacy or cause alarm, distress or harm to the other.
ObservationsWhilst the term stalking is not specifically used, the concept is considered to be encompassed by this harassment provision. The Law Reform Commission of Ireland is currently considering the adequacy of section 10. A discussion or consultation paper is anticipated shortly in relation to their consideration of the provision and it is expected that their paper will also consider whether stalking should be specifically provided for in legislation.
Legal SourceNon-Fatal Offences against the Person Act 1997, Section 10 (1) and (2)
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- Italy
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- Violence
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Any "continuative harassing, threatening or persecuting behaviour which: (1) causes a state of anxiety and fear in the victim(s), or; (2) ingenerates within the victim(s) a motivated fear for his/her own safety or for the safety of relatives, kin, or others associated with the victim him/herself by an affective relationship, or; (3), forces the victim(s) to change his/her living habits".
ObservationsIn February 2009, Italy adopted an Anti-Stalking Law making it a criminal offence, punishable with imprisonment ranging from six months up to four years.
Legal SourceLaw 23 April 2009 and Criminal Code,612bis
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- Lithuania
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A person who threatens to murder a person or cause a severe health impairment to him, where there is a sufficient basis for believing that the threat may be fulfilled shall be punished by community service or by a fine or by restriction of liberty or by arrest or by imprisonment for a term of up to two year. Any person who terrorises a person by threatening to blow him up, to set him on fire or to commit another act dangerous to his life, health or property or who systematically intimidates the person by using mental coercionshall be punished by imprisonment for a term of up to four years
Legal SourceCriminal Code, Article 145
Legal provisions on protection ordersNo legal provision
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- Luxembourg
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- Violence
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Whoever repeatedly harassed a person when he knew or should have known that by this behaviour seriously affect the tranquillity of the person, shall be punished with imprisonment of fifteen days to two years and a fine of 251 to 3,000 euros, or one of these penalties.
Legal SourceCriminal Code,Article 442-2.
Legal provisions on protection ordersThe anti-stalking law does not specifically provide for stalking victim protective orders.
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- Malta
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- Violence
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In Malta, the term stalking is not specifically defined, however it is covered by the Criminal Code.
Legal SourceCriminal Code, Section 249-251d
Legal provisions on protection ordersCriminal Code, Article 412c
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- Netherlands
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- Violence
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He who unlawfully and systematically breaches another person's personal sphere with the purpose of compelling him to do something, not to do or tolerate something or frighten him, is guilty of stalking and will be punished with imprisonment of maximum three years or a penalty of the fourth category.
Legal SourceCriminal Code, Article 285b
Legal provisions on protection ordersThe court can impose a contact ban which entails that the offender is no longer allowed to contact the victim (not in person, in writing, by telephone, by e-mail, or any other form of communication). Another option, which can simultaneously be imposed, is the area restraining order, which makes that the offender is no longer allowed to enter the street where the victim lives, or to be present in a certain area. Often, the orders are designed so as to grant maximum safety to the victim during her daily activities, while keeping the restraints on the offender’s freedom of movement to a minimum.
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- Poland
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Who, by means of stalking another person or persons who are close to her, causes in this person a justified sense of threat or significantly violates her privacy, is liable to a penalty of the deprivation of freedom for up to three years.
ObservationsIf the consequences of an act determined in § 1 or 2 is the injured person’s attempt to commit suicide, the perpetrator is liable to a penalty of the restriction of freedom from one year to ten years (Article190a §3).
Legal SourceCriminal Code, Article190a §1
Legal provisions on protection ordersCriminal Code, Article 41a §1
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- Romania
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- Violence
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ObservationsNo specific law on stalking or a specific criminal offence defining stalking. The concept is not recognised in Romanian legislation.
Legal provisions on protection ordersNo legal provision
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- Slovakia
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Whoever is cruel to (abusing) a close person or a person in his custody or care, causing physical or psychological suffering to such person mainly by a) beating, kicking, punching, causing injuries and burns of any kind, humiliating, contemptuous treatment, stalking, making threats, exciting fear or stress, forcing into isolation, emotional blackmailing or any other behaviour jeopardizing the person’s physical or psychological health or limiting the person’s safety, b) groundless denying of food, rest or sleep, or denying of necessary personal care, clothing, hygiene, health care, housing, upbringing or education, c) forcing the person to beg or to perform activities requiring excessive physical or psychological exhaustion regarding the age or health condition of the person, or to perform activities that may harm the person’s health, d) exposure to substances that may harmful the person’s health, or e) unjustified preventing of access to property that the person has a right to use shall be sentenced for 3 up to 8 years of imprisonment.
ObservationsAn offender shall be sentenced for 7 up to 15 years if by committing an offence under subsection (1) a) he/she caused a serious harm to health or death, b) because of peculiar inducement, c) although he/she has been sentenced for such an offence in the part twenty four months or has been sentenced for such an offence and released on parole, d) if he/she has continued committing such an offence for a longer time, in violent manner, threatens with violence or other serious injury, or abuses emergency situation or the dependence of another person. (3) An offender shall be sentenced for 15 up to 25 years of imprisonment, or an exceptional sentence, if by committing an offence under subsection (1) and he/she caused a serious harm to health or death of several persons.
Legal SourceCriminal Code, Articled 208 (relates to domestic violence and also covers intimate partner violence)
Legal provisions on protection ordersExpelling perpetrator from a residence for 48 hours (Act no. 171/1993 Coll. on Police Force, Article 27a)
Temporary eviction of a perpetrator from a residence (Act no. 99/1963 Coll. Code of Civil Procedure as amended, Article 76 (1)g)
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- Slovakia
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- Violence
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In Slovakia, "dangerous pursuit" is committed by a person who continually pursues another person in a way evoking danger to life or health to that person, to life or health to a person’s close persons, or worsens his/her quality of life by threats of harm to health or death to a person or person’s close person, by pursuing a person, by contacting a person by a third person in writing or electronically against this person’s will, by exploiting this person’s personal data in order to personally or otherwise contact a person, or otherwise limits this person’s usual way of life.
Legal SourceCriminal Code, Article 199
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- Slovenia
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- Violence
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See "intimate partner violence," where stalking is criminalised if it occurs in the context of family violence.
27 items / 3 pages