Stalking, more commonly known as stalking, involves someone systematically and intentionally harassing or following another person's life, causing serious disruption to the victim's normal life. Stalking can take various forms, such as sending threatening messages, constantly seeking out the victim, or other forms of harassment. This offense is considered a serious crime in the Netherlands. Stalking is punishable by up to three years in prison, community service, or a fourth-category fine (€23,000). Stalking is different from threat or unlawful deprivation of liberty.
Stalking is repeatedly harassing or pursuing someone in a way that causes fear or anxiety. An example is when an ex-partner constantly visits the other person's home, makes unwanted phone calls and sends threatening messages on social media. Despite multiple requests to stop, this person continues to contact and intrude, even in public places. This behavior creates a situation where the victim constantly feels unsafe and intimidated. These repeated and intentional actions constitute a form of stalking, which is punishable by law because of the serious impact on the victim's well-being and peace of mind.
What does the law article say regarding stalking?
The article of law criminalizing stalking, Article 285b of the Penal Code, reads as follows:
'He who unlawfully systematically and intentionally infringes upon another's privacy with the intent to compel that other person to do something, not to do something, to tolerate something or to instill fear, shall be punished with imprisonment for a term not exceeding three years or a fine of the fourth category.'
What penalties can be imposed in the case of stalking?
The judge determines whether stalking has occurred and what punishment is appropriate. In making this determination, the judge considers all the circumstances of the case, including the impact on the victim and the defendant's personal situation.
The attorneys at Kötter, L'Homme & Plasman Advocaten ensure that all relevant circumstances are brought forward during the hearing. The maximum penalty for stalking is three years in prison, but depending on the seriousness of the case and the circumstances, the judge may also opt for a lighter punishment, such as community service or a fine.
How can a lawyer help with an allegation of stalking?
With regularity, suspects are acquitted of this crime. An example is shown below.
If the defendant has confessed to the crime, the attorney may argue circumstances that warrant a lesser sentence. We provide honest and sincere advice and ensure that you are represented in the best possible way during the hearing.
Exoneration for stalking?
With regularity, suspects are acquitted of this crime. An example is shown below.
The court acquitted a defendant of stalking because there was insufficient evidence of systematicity. The defendant had sent only two messages and rang the doorbell once, which did not meet the required frequency and intensity for stalking. The statements about further stalking were inconsistent and insufficiently substantiated. Since the evidence did not show that the defendant acted repeatedly and systematically, the necessary systematicity for a conviction for stalking was lacking.
Need a lawyer because of stalking?
The attorneys at Kötter, L'Homme & Plasman Advocaten are experienced criminal law specialists in the field of stalking and can assist you if you are suspected of this crime. We will discuss the criminal case file with you and determine together with you a strategy to achieve the best possible result. Should you have to appear in court, we will carefully prepare you and ensure that you are defended in the best possible way during the hearing.
Do you have any questions? If so, please feel free to contact our office. You can reach us by email at info@klpadvocaten.nl of telefonisch tijdens kantoortijden op 020-6731548. Bij spoed (bijvoorbeeld als u of een bekende van u mogelijk binnenkort wordt aangehouden) kunt u bellen naar ons spoednummer 06-26219010.
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