Yes to tougher measures against stalking

It is not unreasonable to exclude stalking from the scope of offences that may be extinguished as a result of reparatory conduct. This was decided by the Constitutional Court in judgement no. 154, filed on Friday 25 September.

The Constitutional Court held that, with regard to the offence of stalking, there is no constitutional concern regarding the decision to rule out the possibility that, in the absence of the withdrawal of the complaint, remedial conduct on the part of the stalker could extinguish the offence. This is, in fact, a serious offence which, even in its least severe forms, causes the victim a state of fear, anxiety, fear for their own safety or that of their loved ones, or a change in their lifestyle.

‘In the case of a habitual offence and an act reflecting a persecutory attitude — as the judgement emphasises — attributing extinguishing effect to unilateral reparatory conduct — irrespective of any judicial assessment as to whether such conduct constitutes a sufficiently dissuasive measure against the offender – carries the risk that the victim will remain in a perpetual state of anxiety or fear, as the offender may be tempted to repeat the offence, confident that they can benefit once again, once the damage has been compensated, the offence will be deemed extinguished’.

Through this exclusionary measure, the legislator has thus sought to maintain a high level of protection, which plays a particularly important role, in line with international legislation (the Istanbul Convention on violence against women) in combating gender-based violence and domestic violence.