Dangerous stalking

Legal definiton 

Section 354 of the Criminal Code:

(1) Whoever persistently stalks another by:

a) threatening harm to their health or other harm to them or their close persons, 

b) seeking their personal proximity or following them,

c) persistently contacting them via electronic communication, in writing, or by other means,

d) restricting them in their usual way of life, or

e) misusing their personal data to obtain personal or other contact,

and such conduct is capable of causing a reasonable fear for their life or health or the life and health of their close persons, shall be punished by imprisonment of up to one year or disqualification.

(2) The perpetrator shall be punished by imprisonment of six months to three years if the act referred to in paragraph 1 is committed:

a) against a child or a pregnant woman;

b) with a weapon;

c) by at least two persons.  

Subjective aspect - intent

Dangerous stalking is an intentional criminal offence. A criminal offence is committed intentionally if the perpetrator wanted to violate or endanger a legally protected interest in the manner specified by the Criminal Code (direct intent), or if the perpetrator knew that his actions could result in such a violation or endangerment and accepted the possibility of it occurring (indirect intent).

If the act can be deemed as mere negligence rather than intent, it does not constitute the described criminal offence. 

Defense

There are various defense strategies available. Given the elements of this crime, the following questions may be relevant: 

• How did the perpetrator stalk the aggrieved party?
• What form did the contact take?
  
• How frequent was the contact?
  
• Over what period did the perpetrator attempt to make contact?
• How did the method and intensity of contact evolve over time?
• Was the contact always intentional on the part of the perpetrator?
• Did the aggrieved party provide any reason for the contact?
• How did the aggrieved party behave toward the perpetrator? How did the perpetrator perceive this behaviour?
  
• What conduct accompanied the perpetrator's attempts to contact?
  
• Were threats made during the contact?
  
• How were the threats formulated?
  
• Was the verbal threat accompanied by additional actions?
  
• Was the perpetrator's conduct capable of creating a reasonable fear in the aggrieved party?
  
• What was the intensity of the harm being threatened?
  
• Did the perpetrator act alone, or were other persons present?
  
• Did the incident occur in a public place?
  
• What was the relationship between the perpetrator and the aggrieved party?
  
• Are there any circumstances excluding unlawfulness present?
  
• Was the perpetrator sane at the time of the act? Were they under the influence of alcohol, drugs, or mental illness?
• Was the perpetrator's intent directed towards the decisive facts?