03 May persecutory acts

The legislator has inserted the criminal hypothesis provided for by the art. 612 bis of the penal code in order to provide criminal protection in cases in which threatening or harassing conduct occurs repeatedly, For this reason, particularly harmful to the subject's psychic and moral freedom. The aforementioned conduct must necessarily cause at least one of the following alternative events: The persistent and serious state of anxiety or fears of the victim; the well -founded fear for one's own safety or for that of person attached affectively; the constriction to alter one's life habits. To respect the principle of necessary offensiveness of the concrete fact, It has been clarified that the repetition of threats and harassment is essential, in order to cause discomfort, without however necessary to establish a pathological process. This is in any way of the crime of damage and event since the onset of an alteration in the victim's mental balance is required. Not representing a duplicate of the crime of personal injury (art. 582 c.p. a strictly medical-legal meaning of the serious state of anxiety and fear refuses, But it is sufficient that these events are ascertained through an accurate observation of signs and behavioral clues, deduced from the comparison between the previous situation and the one following the offensive conduct. Imprisonment from 1 year a 6 years and a half. The penalty has increased if the fact is committed: by the spouse, even separated or divorced; as a person who is or has been linked by emotional relationship to the victim through IT or electronic tools (WhatsApp, Facebook, Instagram, email, etc.). The penalty has increased until halfway if the fact is committed with weapons or from a misrepresented person (that is, who cannot be recognized because she hides her face) to the detriment of a minor, A pregnant woman or a handicapped person. There is also the forecast of some precautionary measures to protect the victims. The molester may be prevented from approaching the victim and the places he attended, even providing for a minimum distance to be respected. A further help for those who undergo the harassment is the request for warning against the molester. Exposing the facts to the public security authority, The offended person can advance to the commissioner, a request for warning against the persecutor, which will be called to keep a conduct in accordance with the law. If the subject warned will continue to harass his victim, the police will proceed ex officio against him. In this case, the penalty provided for by the article 612 encore of the penal code is aggravated by at least one third. Stalking is a crime with strong psychological implications: His fundamental element is precisely the character of seriality and continuity of harassing behavior, that in order to be considered such they must be repeated over time and have characteristics such as to produce lasting effects over time. In the hypothesis of a single episode, or more episodes that do not give rise to effects that last over time, There is talk of threat crimes, harassment or private violence.