Before the Court of Milan, the lawyers find themselves managing cases in which one of the partners or even the already separated spouse starts a real persecution to the detriment of the other, through every form of communication possible, not least the electronic one; stalking.
Cases of real persecutions are increasingly common through computer systems such as e-mail, facebook, google, and social networks in general, internet, Skype, Whatsapp, Viber etc.
Also these behaviors can be framed as stalking and can be pursued.
Stalking is an English term that indicates a series of attitudes held by an individual who afflicts another person, persecuting it and generating states of anxiety and fear that can compromise the normal course of everyday life.
The crime of Stalking, foreseen by the article 612 bis cp, is realized when a person, with repeated behaviors, threatens or harasses the victim in such a way as to cause a persistent and severe state of anxiety or fear or to generate in it a well-founded fear for your own or a loved one's safety, causing her to change her life habits.
It is clear that the illegal conduct can be perpetrated also through today's social networks, text messages, messaging in general, from Viber to Whatsapp, chats, up to Skype.
In order to have the offense, it is necessary that the harassment have psychologically destabilized the recipient or, as the law says explicitly, «caused a persistent and serious state of anxiety or fear, or to generate a well-founded fear for the safety of one's own next joint or in person to the same linked by emotional relationship, or to force the same to alter their habits of life.
Recently, the Court of Milan, like other Italian courts, have assessed offenses and therefore punishable as well as pedestrians, stalking, repeated phone calls, repeated phone rings, anonymous letters, text messages, unwanted emails, even messages through social network.
Because we have stalking it is necessary that there is a plurality of actions is not enough a single episode or sporadic episodes.
It is not advisable in any case to reply to the messages of a stalker, situations can quickly degenerate.
It is preferable to present from the beginning a criminal complaint through a lawyer of trust and to set in motion the protections that the law guarantees to the victims.
Armando Cecatiello, Lawyer Milan and Rome.
Law Firm Cecatiello, specialized in family law, matrimonial lawyer, divorce lawyer, minor maintenance / custody.