Sunday, February 1, 2009

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STALKING - persecution by the former. The decree converted into Law 38 of April 23, 2009.



Lo " stalking", il reato di atti persecutori introdotto con l'art. 612 bis del codice penale, è entrato nel nostro corpus giuridico con il decreto legge 23 febbraio 2009 No 11 converted into Law No 23 April 2009 38. Those who engage in repeated acts of persecution or threat against the same person may be punished with imprisonment of up to four years. The penalty can be up to six years in case of persecution come from the former spouse, cohabitant or former boyfriend and the victim is a pregnant woman and the fact the author is a recidivist.
But what exactly is meant when one speaks of " stalking"?
The term "stalking " from the English verb "to stalk " make a post, track down the intended victim, persecuted are ", it indicates a range of behavior of persecutors one individual to another person, often of the opposite sex, which is caused in a state of anxiety and fear. The behaviors are reflected both persecutors with repeated attempts at communication, both verbal and written with a victim by stalking and intrusion into his private life. The "stalker " or author of persecution is often a friend, colleague or a former partner of the victim who wants to start a love affair interrupted. Sometimes it may even be a stranger who wants to avenge an alleged wrongs they have suffered. Attitudes are typical, as well as the stalking, the victim of sending letters, emails, sms or obscene telephone calls.
All through a crescendo of threats may escalate into physical attacks until injuring or killing as happened a few times in Italy at the expense of young women persecuted by their former comrades arrived to reduce them dying or killing them.
In the new Penal Code offense entitled " persecution" was inserted as Article 612 bis of the crimes against individual freedom and, in particular, in the third section on "crimes against the moral freedom " after art . 612, which punishes " threat."
E 'provided the penalty of imprisonment from six months to four years for those who will be in repeated acts of harassment or threats in time to provide a suitable constant state of anxiety or fear in the victim or giving rise to a well-founded fear for their incolunità or relative. Among the aggravating circumstances the use of arms by the "stalker . The offense is punishable on complaint but if the victim is a minor or a disabled person or the harasser is a warning before the prosecution is in office. The warning is an important preventive function in the new case to prevent the acts of harassment degenerate.
Before submitting the complaint the victim may ask the Quaestor a warning to the harasser. After proper investigation into the validity of the notice of the offense " stalker" will receive an oral warning or will be called for respect for law and to end the persecution. If
persecution occur again, the Public Prosecutor may proceed ex officio.
The court will then order the alleged offender not to approach the places where the victim lives and have no communication or contact with this and their relatives.

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