EXPUNGEMENT OF CRIMINAL RECORDS
At Nieto Enríquez Criminal Lawyers, a criminal law firm in Barcelona, we provide specialized defense in cases of stalking offenses regulated under the Criminal Code.
We have extensive experience in these types of proceedings, advising both complainants and those accused of stalking, with the aim of protecting their rights and offering the best legal strategy.
What is the stalking offense under the Criminal Code?
The crime of stalking, also known as harassment, is defined in Article 172 ter of the Criminal Code. It consists of repeatedly and insistently engaging in behaviors that infringe on another person’s peace, freedom, or safety. Such behaviors include:
Monitoring, following, or seeking physical proximity to the victim.
Persistently contacting the victim by phone, social media, or through third parties.
Misusing their personal data to contract services or products.
Targeting their property or the freedom of close relatives or acquaintances.
Requirements for a stalking offense to exist
According to the Supreme Court’s jurisprudence, several key elements must be met for the conduct to constitute the crime of stalking:
The stalker’s behavior must be persistent and repeated.
There must be no legitimate authorization for such conduct.
The victim’s daily life must be seriously disrupted.
These elements help distinguish between an isolated conflict and a legally relevant stalking situation with criminal implications.
Aggravated forms of stalking
The Spanish Criminal Code provides for aggravated forms of stalking that carry harsher penalties:
When the victim is in a situation of particular vulnerability.
When the victim is or has been the spouse, partner, relative, or cohabitant of the stalker.
In such cases, the penalty for stalking can be up to 2 years in prison or community service.
Stalking offense and new categories under legal reform
Following Organic Law 10/2022, the Criminal Code broadens the regulation of stalking with two specific categories:
Non-consensual use of images on social media or fake profiles: punishable by 3 months to 1 year in prison or a fine of 6 to 12 months.
Harassment of women at clinics to prevent voluntary termination of pregnancy: punishable by 3 months to 1 year in prison or community service.
What are the penalties for stalking in Spain?
The penalty for stalking varies depending on the seriousness of the acts and the circumstances of the case:
3 months to 2 years in prison.
Fines from 6 to 24 months.
Restraining orders and bans on communication with the victim.
Having a criminal lawyer specialized in stalking cases is crucial to achieving the best possible defense or prosecution.
Frequently Asked Questions about the stalking offense
What behaviors constitute stalking under the Criminal Code?
Behaviors considered stalking include physical surveillance, persistent phone calls, repeated messages, creation of fake profiles, and any action that seriously disrupts the victim’s daily life.
What is the penalty for stalking in Spain?
Under the Criminal Code, stalking is punishable with 3 months to 2 years in prison or fines, along with restrictive measures such as restraining orders.
What requirements must be met for a stalking offense to exist?
The stalking offense requires repeated conduct, lack of legitimacy, and serious disruption of the victim’s daily life.
What should I do if I am a victim of stalking?
It is advisable to report the stalking immediately and gather evidence (messages, witnesses, call logs). Having a criminal defense lawyer will facilitate legal protection and safeguard your rights
What happens if I am falsely accused of stalking?
An experienced stalking lawyer can help you demonstrate the absence of legal grounds, lack of repeated conduct, or absence of serious disruption to the complainant’s life.
