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There are also several precautionary measures for the accused of stalking, which may be forbidden to attend the environments that provide for the presence of the injured person or you can impose a minimum distance from them and the outraged subject.

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Furthermore, it is envisaged that both the provision of distance from the family home and the prohibition to approach the environments in which the injured person is present are prepared by the judicial authority to social welfare services and to the public security forces, both to avoid re-commit the crime both to allow the probable confiscation of weapons or ammunition.

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When can we speak of a stalking phenomenon at the legislative level?

The crime in question is characterized by the presence of three attributes: 1) the typical behavior of the accused; 2) the repetition of such behavior; 3) the birth of a certain state of mind in the offended person. 1) the illegitimate behavior in question is generally classifiable in the traditional criminal cases of intimidation and abuse, on the other hand already presumed and sanctioned by the legislation.

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There is intimidation in the circumstance in which the guilty person foresees an evil at the future level for the injured person, in order to shake heavily the serenity of the same person.

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The abuse, while, it is highlighted in the circumstance in which the psychic level of the victim is modified in a harsh or invasive way. 2) this behavior must be repeated and serial or the crimes mentioned above must occur over time.

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Repetition in a given period of time is a fundamental element. Therefore, the same acts alone, if presented in one circumstance, do not include the criminal typology pursuant to Article 612 bis of the Criminal Code but those more "classic" as "intimidation" or "abuse", if ever continued if such behavior is highlighted more than just one time.

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3) in conclusion, such immoral conduct must cause the injured person "a heavy psychological discomfort in order to highlight a right concern for their own safety or that of a neighboring person or in a way that could compromise their lives".

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The psychological distress, is derived only and only to pathological types characterized by stress, considered a serious and lasting clinical level.

With respect to the second of the consequential cases of the unlawful behavior, that is the concern for one s own safety, this circumstance reverts every time the injured person, for the conduct of the accused, has "fear" for his own safety.

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This situation must be examined concretely, on the basis of the events that distinguish the circumstance, and must be such if communicated ex ante with reference to the assessment of an average subject.

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In conclusion, the last of the cases mentioned refers to the circumstance in which, after the oppressive behavior, the offended person must, against his intentions and without choice, change his fundamental habits of life.

With respect to this, the crime in question exists only when all the circumstances mentioned are included. What behavior must the defendant adopt? The behavior of the accused must be characterized by malice in general, or by the intention and knowledge to highlight the aforementioned harassment behavior, causing the injured party one of the harmful cases presumed by the same legislation.

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In fact, the fraud is characterized by the particular representation that, after the series repetition of the aforementioned criminal acts, the offended one of the unfortunate events taken into consideration will be found.

When is the wrongdoing and what are the expected sentences? The crime in question occurs when, after the aforementioned serial and criminal behavior, the defendant causes one of the harmful cases foreseen by the law in the offended person.

The crime in question is condemned, subject to the implementation of further aggravating circumstances, with the arrest from 6 months to 4 years. Nevertheless, if the accused arrives to kill the person subject to stalking, life imprisonment is foreseen.

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Contact us in case of detention or criminal or civil problems. The law firm in London, New York, La Vegas, Rome, Naples, Milan, Italy, Germany, Spain, France and has over 15 foreign branches, is directed towards criminal and international law, a format for criminal lawyers mainly deals with the defense of people accused of crimes penalties such as drug trafficking, financial and economic crimes, white-collar crimes, murder, violence, rape and any type of crime. Contact us now for effective criminal defense.

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