Commentary on Judgment No. 40304 of 2024: Stalking and Ex Officio Prosecution

Judgment No. 40304 of September 17, 2024, issued by the Court of Cassation, represents a significant step forward in jurisprudence concerning stalking offenses. This ruling clarifies a fundamental aspect: ex officio prosecution in cases where the perpetrator has received a warning from the police commissioner does not depend on the age of that measure.

The Regulatory Context

The relevant provision in this matter is Article 612 bis of the Criminal Code, which punishes stalking, and Decree-Law of February 23, 2009, No. 11, converted into Law No. 38 of April 23, 2009. Article 8 of this decree establishes that, if a warning is issued, the authorities must act ex officio in the presence of stalking acts, regardless of the time elapsed since the measure.

• The police commissioner's measure is preventive and aims to protect the victim.
• The age of the measure cannot be an excuse for the perpetrator, who continues to engage in illicit behavior.
• The Constitutional Court has repeatedly affirmed the importance of protecting individual freedom.

Stalking - Ex officio prosecution for cases of police commissioner's warning - Relevance of time elapsed since the measure - Exclusion. In the context of stalking, for the purpose of ex officio prosecution in cases where the perpetrator has received a warning pursuant to Article 8 of Decree-Law of February 23, 2009, No. 11, converted into Law No. 38 of April 23, 2009, the age of the police commissioner's measure is not relevant.

Implications of the Judgment

This principle established by the Court has two significant implications. Firstly, it strengthens the protection of stalking victims, who can rely on timely intervention by the authorities, regardless of the time elapsed since the warning. Secondly, it clarifies that persecutory behavior cannot be justified by the expiry of a warning, as the law protects people's freedom and tranquility.

Judgment No. 40304 aligns with previous case law, such as Judgment No. 34474 of 2021 and No. 17350 of 2020, which have already addressed similar issues, confirming the need for immediate intervention in cases of stalking.

Conclusions

In conclusion, Judgment No. 40304 of 2024 represents an important affirmation of the law against stalking, emphasizing that victim protection must be a priority. Authorities are called upon to intervene ex officio, without considering the time elapsed since the police commissioner's measure, thus ensuring effective protection of individual freedom. This approach is not only in line with national regulations but also aligns with the principles of human rights protection enshrined at the European level.