Stalking

Stalking has recently been defined as a crime in Spain. This article was created to provide more information about the crime of stalking. If you are experiencing stalking or would like to know more about this matter, contact one of our experienced lawyers. 

In 2015, “stalking,” a harassment crime in which a person imposes repeated unwanted communication or contact, was first defined in Spanish Law by article 172.2 of the Penal Code, which states:

“He will be punished with imprisonment of three months to two years or a fine of six to twenty four months who harasses a person carrying out insistently and repeatedly, and without being legitimately authorized, any of the following behaviors and, of this so, seriously alter the development of your daily life:

1. Watch her, chase her or look for her physical closeness.
2. Establish or attempt to establish contact with her through any means of communication, or through third parties.
3. By improper use of your personal data, purchase products or merchandise, or hire services, or have third parties contact you.
4. Attempt against your freedom or against your assets, or against the freedom or assets of another person close to you.

In cases where the victim has the status of “especially vulnerable” person, whether due to age, illness or other personal situation, the minimum jail term will be six months”

In 2017, the Supreme Court expanded the definition of stalking. The expanded and current definition states that a person who is stalking another must be acting in an insistent and repetitive manner for an extended period of time and that these actions must alter the daily life of the victim.

This type of offense is considered a crime against freedom. Victims of stalking might be forced to change their daily routine, change their phone number, or even move to a different location, which equates to a loss of autonomy.

Stalking is not a single time offense. In order for someone to be considered a stalker, they must be persistent. Some examples of behaviors that can be considered stalking when insistent and repetitive are following someone, using their personal information inappropriately, and excessively contacting them through any form of communication.

The penalty for this crime can be either a prison sentence of as short as 3 months to as long as 2 years or a fine ranging from 6 months to 2 years.

Our criminal lawyers can help you with your case in Barcelona, Catalonia, or other areas of Spain.

Should you need further information, or legal advice, please do not hesitate to contact our lawyers. You can contact us by using the contact form below, by emailing info@pineradelolmo.com, or by telephoning +34 93 514 39 97.

Disclaimer: This information in this article is not definitive, for up to date legal advice which is relevant to your case, please contact our lawyers directly.