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Stalking - law on the criminal liability of persistent stalking

Love mania, power and revenge are not only male motives. Women also resort to stalking, are perpetrators and torment their victims.

Stalking is a punishable offense!

The law on the criminal protection of stalking victims has been in force since March 31, 2007. The improved protection against stalking is laid down in the Criminal Code § 238 Stalking.

When does this law apply?

If someone is stalking you without authorization and seriously interfering with your way of life by persistently

  • seeking you out,
  • making contact by telephone or otherwise,
  • placing unwanted orders for goods or services in your name (example: you repeatedly receive parcels that you have not ordered).
  • threatens you with injury or similar.

In addition to Section 238 of the Criminal Code, there is also the Protection against Violence Act, which provides for penalties in Section 4 of the Protection against Violence Act.

Your options:

  • If you know the stalker by name, you can apply to the local court where you live for a protection order against them under the Protection against Violence Act.
    If the stalker violates this, he is liable to prosecution and you can report him to the police and file a criminal complaint.
  • The stalker's actions not only violate your privacy and make him liable to prosecution for stalking, but often also violate other criminal laws.
    Even if you do not know the stalker, you can file a complaint against "persons unknown" at any police station. The police will then make every effort to identify the stalker.
    Criminal offenses such as insulting, threatening, coercion, trespassing, assault, damage to property are possible. Finally, the stalker can be taken to court for their actions.
  • You can also always call the police emergency number (110).

Protection order

With a protection order, the local court can permanently prohibit the stalker from

  • staying near your home or visiting other specific places where you regularly spend time (such as your workplace, shopping centers or leisure facilities),
  • contact you (e.g. by telephone, letter, text message or e-mail),
  • arrange meetings with you, even "accidental" ones...

The legal basis for this is the Protection against Violence Act.
(Source: Flyer Stalking from the AK Gewaltschutzgesetz)