Introduction
The recent judgment by the Criminal Court of Cassation, Section V, issued on May 28, 2024, No. 21006, addressed the distinction between two offenses: stalking (acts of persecution) and harassment. This legal debate focuses on the substantial differences in the consequences of the defendant’s actions, crucial for the qualification of the offense.
Objective Elements of the Offenses
According to the Court, the differentiating factor between Article 612-bis of the Penal Code, which governs acts of persecution, and Article 660 of the Penal Code, concerning harassment, lies in the prolonged and severe psychological effect caused on the victim. Acts of persecution are established when repeated actions cause persistent anxiety, significantly altering the victim’s lifestyle. In contrast, Article 660 applies when harassment is limited to irritating the victim without causing such serious alterations.
Evolution and Legislative Interventions
The introduction of the offense of acts of persecution has sparked interest from legal scholars and jurisprudence, prompting lawmakers to intervene multiple times to strengthen related sanctions. This reflects a growing sensitivity towards protecting the moral freedom and psychological integrity of victims.
Legal Implications
The Criminal Court of Cassation has repeatedly clarified issues arising from the toughening of sanctions for acts of persecution, specifying that legislative changes do not affect the terms of pre-trial detention. The judgment in question precisely delineates the boundary between harassment and acts of persecution, emphasizing the diverse psychological consequences of the incriminated behaviors.
Conclusion
Ultimately, the Court reaffirmed that actions causing significant prolonged anxiety or altering the victim’s lifestyle fall under the offense of acts of persecution. In contrast, harassment is considered when actions merely irritate the victim without causing severe psychological harm. This distinction is crucial for ensuring a fair and proportionate application of the penal laws in question.
