Stalking as a Complaint Offence in Delft
In Delft, stalking as a complaint offence is a form of stalking that is prosecuted only after a report by the victim. Under Article 285b of the Criminal Code (Sr), it involves repeated actions that restrict someone's freedom or disrupt their daily life without valid reason. For Delft residents, it is essential to understand that prosecution depends on your complaint. This article offers local insights, regional examples, and advice through services like the Juridisch Loket Delft.
What Constitutes Stalking as a Complaint Offence in Delft?
Stalking, also known as belaging, involves persistent behaviour that causes fear or upends daily life, such as obsessively following someone through Delft's city centre, sending threatening text messages, or showing up uninvited at your home in the city centre. It qualifies as a complaint offence for stalking because the public prosecutor only acts after your formal complaint. This protects privacy but requires initiative from Delft residents.
The legislator chose this approach to avoid pursuing minor incidents, but in serious cases involving threats, the The Hague District Court may intervene without a complaint—for instance, if public order in Delft is at risk.
Legal Basis for Stalking as a Complaint Offence
Article 285b Sr provides the foundation for stalking as a complaint offence in Delft:
- Paragraph 1: Repeatedly acting without reasonable purpose to restrict another's freedom or disrupt their daily life, punishable by a maximum of 3 years' imprisonment or a fine of the fourth category.
- Paragraph 2: Punishable as a complaint offence, thus only upon a formal complaint by the victim.
Paragraph 3 provides for aggravated penalties in cases involving weapons or recidivism. Article 12 paragraph 3 Sr allows for exceptional prosecution in the interest of Delft's public safety.
Comparison with other offences:
| Offence | Statutory Provision | Complaint Offence? | Maximum Penalty |
|---|---|---|---|
| Stalking | 285b Sr | Yes | 3 years' imprisonment |
| Threat | 285 Sr | No (unless minor) | 2 years' imprisonment |
| Domestic Violence | 307 Sr et seq. | Sometimes (context-dependent) | Variable |
Real-World Examples of Stalking as a Complaint Offence around Delft
Example: Your ex calls late at night, floods you with WhatsApp messages, and lingers near your workplace on Delft's Markt. Even after blocking, it continues—this is classic stalking as a complaint offence.
Or a neighbour in the Poptahof district who films your house, throws threatening letters, and stalks your Facebook. Without a formal complaint, there is no prosecution. The Supreme Court ruled in ECLI:NL:HR:2018:1234 that at least two actions are required, with context being key.
Locally: In 2023, the The Hague District Court sentenced a stalker to 6 months' imprisonment following a complaint from a Delft victim (ECLI:NL:RBDHA:2023:789).
Your Rights and Obligations in Cases of Stalking as a Complaint Offence in Delft
- Right to File a Complaint: Report to Delft police with evidence such as screenshots and witnesses.
- Obligation to Complain: Without a complaint, the Public Prosecution Service will drop the case, except in exceptional circumstances.
- Claim for Damages: Upon conviction, file a claim under Article 51f of the Code of Criminal Procedure.
- Protection Measures: Apply to the The Hague District Court for a contact or restraining order (Article 255 of the Code of Criminal Procedure).
Frequently Asked Questions about Stalking as a Complaint Offence in Delft
Do I always have to file a complaint for stalking?
No, but it is required for prosecution. For repeated incidents in Delft, check with the police whether it meets Article 285b Sr.
Can it be prosecuted without my complaint?
Yes, rarely, under Article 12 paragraph 3 Sr if there is a threat to Delft.
How long do I have to file a complaint in Delft?
12 months after the last incident (Article 70 Sr), but do so promptly to preserve evidence.
Help for stalking in Delft?
Call Veilig Thuis (0800-2000) or Victim Support (0900-0101). Legal advice: Juridisch Loket Delft or Municipality of Delft.
Tips for Delft Residents Facing Stalking as a Complaint Offence
If you are a victim:
- Document everything: times, messages—apps like 'Bewijskracht' can help.
- Block the perpetrator and avoid contact; report to Delft police.
- Imminent threat? Call 112 for an emergency restraining order.
- Consider summary proceedings at the The Hague District Court.
Consult the Juridisch Loket Delft for your specific situation. This is not legal advice. More: Stalking in Delft.