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 that afflicts another person, persecuting him and generating states of anxiety and fear, which can come to compromise the normal course of everyday life.
The crime of Stalking, provided for by article 612 bis of the Italian Criminal Code, occurs when a person, with repeated conduct, threatens or harasses the victim in such a way as to cause him a persistent and serious state of anxiety or fear or generate in the same a well-founded fear of their own safety or that of a loved one, causing them to change their lifestyle habits.
It is evident that the illegal conduct can also be perpetrated through today's social networks, text messages, messaging in general, from Viber to Whatsapp, chats, up to Skype.
In order for the crime to occur, the harassment must have psychologically destabilized the recipient or, as the law expressly states, "caused a persistent and serious state of anxiety or fear, or to generate a well-founded fear for one's own safety or for a a relative or a person linked to him by an emotional relationship, or by forcing him to alter his 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 file a criminal complaint from the beginning through a trusted lawyer and this is 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.