The new offence of Stalking, namely the obsessive surveillance or pursuit of the victim in a particularly burdensome manner, was recently codified in the Penal Code. In contrast to the criminal offence of threat, it is not committed by threat of violence or any other unlawful act or omission, but by the persistent pursuit or surveillance of the victim, carried out either through the pursuit of continuous contact via telecommunication or electronic means (e.g. sending emails, telephone calls, etc.), or through repeated visits to the victim’s environment, despite the victim’s expressly stated contrary will, thereby causing the victim fear or anxiety.
According to the United States Department of Justice: Stalking is a pattern of repeated and unwanted attention, harassment, contact, or any other course of conduct directed at a specific person that would cause a reasonable person to feel fear.
Now, in the Greek Penal Code as well, the inviolable sphere of the personal environment, whether familial, social or professional, is protected by the provision on threat (Article 333 of the Penal Code (PK)) against acts causing anxiety or fear through persistent pursuit or surveillance.
Pursuant to Article 333 of the Penal Code (PK): «1. Whoever causes fear or anxiety to another by threatening that person with violence or any other unlawful act or omission shall be punished with imprisonment of up to one year or a monetary penalty. The penalty of the preceding sentence shall also be imposed on whoever, without threat of violence or other unlawful act, causes fear or anxiety to another by persistently pursuing or surveilling them, in particular by seeking continuous contact through telecommunication or electronic means or by repeated visits to that person’s family, social or professional environment, despite their expressly stated contrary will. […] 3. The criminal prosecution of the act under paragraph 1 requires a formal complaint».
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FREQUENTLY ASKED QUESTIONS ON STALKING (Causing Fear by Persistent Pursuit)
1. What penalty is provided for the offence of stalking?
Article 333(1)(b) of the Penal Code provides for imprisonment of up to one year or a monetary penalty for anyone who causes fear or anxiety to another through persistent pursuit or surveillance, without threat of violence. This is a misdemeanor of minor gravity, and the sentence, if ultimately imposed, may be suspended under Article 99 of the Penal Code (PK) or converted into a monetary penalty or community service under Article 80 of the Penal Code (PK). With recognition of the mitigating circumstances of Article 84 of the Penal Code (PK) (prior honest life, subsequent good conduct, sincere remorse), the penalty may be substantially reduced, so that the defendant does not serve a custodial sentence.
2. How do I defend myself against a stalking complaint?
The defence focuses on the elements of the actus reus of the offence, which must be proven cumulatively. Specifically, it is contested whether the conduct was indeed persistent and repeated, whether the complainant had expressed a clear and explicit contrary will, and whether the intensity of the contacts was such as to objectively cause fear or anxiety. Isolated messages, professional or family communication, or contacts in the context of legitimate claims (e.g. child custody, debts) do not establish the offence. Placing all the communication in its actual context is critical to the outcome.
3. Can I be arrested in flagrante delicto for stalking?
The offence of Article 333(1) of the Penal Code (PK) is a misdemeanor and is prosecuted upon formal complaint, in accordance with paragraph 3 of the same article. Arrest in flagrante delicto is possible only if an immediate formal complaint is filed by the victim. In any event, pre-trial detention is an absolutely exceptional measure and is practically excluded for a misdemeanor of such gravity. More commonly, the defendant is summoned to give a defence statement or a summons is issued for the hearing date. From the very moment of the call to the preliminary investigation, the presence of a lawyer and the exercise of the right to silence until the case file has been reviewed is critical.
4. How long does the criminal proceeding for stalking last?
From the filing of the formal complaint until the issuance of a first-instance judgment, the time frame typically ranges from one to two years, depending on the workload of the Court of First Instance, the need for preliminary investigation acts (lifting of telecommunications privacy, digital analysis of devices) and the number of witnesses. In the event of a conviction and the lodging of an appeal, the appellate hearing is added to the total time. It is necessary to verify whether the three-month time limit for filing a formal complaint, running from the moment the victim became aware, has expired, since an out-of-time complaint leads to dismissal.
5. What documents and evidence do I need for the defence?
All electronic communications (messages, emails, call records) are collected in their entirety and not selectively, so that the full context of the relationship emerges. Documents that substantiate a legitimate reason for communication (shared children, pending financial issues, professional relationship), witnesses who are aware of the relationship between you, as well as any prior provocations or responses by the complainant that negate their explicit contrary will, are useful. A psychiatric or medical assessment, where applicable, is also important, as are documents substantiating prior honest life for the recognition of mitigating circumstances.
6. What is the role of the lawyer in a stalking case?
The lawyer takes over representation from the preliminary investigation stage, formulates the line of defence after reviewing the case file and prepares the defence statement with a written memorandum. In the courtroom, the lawyer cross-examines the prosecution witnesses, highlights inconsistencies in the complaint, substantiates the absence of the element of persistence or of the explicit contrary will, and raises standalone pleas for mitigating circumstances. In the event of a conviction, the lawyer lodges an appeal and seeks suspension or conversion of the sentence. Our firm has expertise in cybercrime and handles stalking cases with an emphasis on the technical analysis of digital evidence.