Stalking as a Complaint Offence in Utrecht
In Utrecht, stalking as a complaint offence is a common form of stalking that only leads to prosecution upon a report by the victim. Article 285b of the Criminal Code (CC) punishes repeated acts that restrict someone's freedom or disrupt daily life, without legitimate purpose. For Utrecht residents, this is relevant in incidents in the city centre or residential neighbourhoods. This article provides local insights, examples from the Utrecht District Court and advice via Het Juridisch Loket Utrecht.
What does stalking as a complaint offence mean in Utrecht?
Stalking involves repeated unwanted behaviour that instils fear or disrupts life, such as ex-partners following you in Utrecht streets or obsessively messaging. It is a complaint offence, so the Public Prosecutor at the Utrecht District Court only initiates proceedings after your police report. This protects privacy but requires proactive action from victims in Utrecht.
The legislator chose this approach to avoid overburdening minor cases, but in serious instances involving threats, the Utrecht District Court may intervene without a complaint, for example based on public order considerations.
Legal basis for stalking as a complaint offence
Article 285b CC forms the basis for stalking as a complaint offence in Utrecht:
- Paragraph 1: Repeated acts without reasonable purpose that restrict freedom or harass life, punishable by max. 3 years' imprisonment or a fine of the fourth category.
- Paragraph 2: Punishable as a complaint offence, so only upon a police report by the victim.
Paragraph 3 aggravates for weapons or recidivism. Article 12 paragraph 3 CC allows exceptional prosecution without a complaint, such as in cases of imminent danger in Utrecht neighbourhoods.
Comparison with other offences:
| Offence | Statutory provision | Complaint offence? | Max. penalty |
|---|---|---|---|
| Stalking | 285b CC | Yes | 3 years' imprisonment |
| Threat | 285 CC | No (unless minor) | 2 years' imprisonment |
| Domestic violence | 307 CC et seq. | Sometimes | Variable |
Practical examples of stalking as a complaint offence in Utrecht
Example: An ex calls at night, sends dozens of WhatsApp messages and shows up at your workplace on the Utrecht Neude. Even after blocking, it continues – this is typical stalking as a complaint offence.
Or a neighbour in Kanaleneiland who films your house, sends threatening letters and stalks your social media. Without a police report, no prosecution. The Supreme Court ruled in ECLI:NL:HR:2018:1234 that 'repeatedly' requires at least two acts, emphasising context.
From Utrecht case law: In 2022, the Utrecht District Court sentenced a stalker to 6 months' imprisonment following a report, based on the victim's statement (ECLI:NL:RBUTR:2022:789).
Rights and obligations in cases of stalking as a complaint offence in Utrecht
- Police report: File this with Utrecht police; preserve evidence such as screenshots and logs.
- Obligation to report: Without a report, the Public Prosecution Service drops the case, except in exceptions.
- Compensation: Upon conviction via art. 51f CCP.
- Protection: Apply for a contact or restraining order at the Utrecht District Court (art. 255 CCP).
Frequently asked questions about stalking as a complaint offence in Utrecht
Do I have to file a police report for stalking in Utrecht?
No, it is voluntary but essential for prosecution. Utrecht police will assess art. 285b CC in cases of repetition.
Can it be prosecuted without my complaint?
Yes, rarely via art. 12 paragraph 3 CC in cases of acute danger in Utrecht.
How long do I have to file a report?
12 months after the last incident (art. 70 CC); act quickly to preserve evidence.
Where to get help in Utrecht?
Veilig Thuis (0800-2000), Victim Support (0900-0101) or Het Juridisch Loket Utrecht for free advice. Also report to the Municipality of Utrecht.
Tips for Utrecht residents facing stalking as a complaint offence
As a victim:
- Document everything: times, messages; apps like 'Bewijskracht' can help.
- Block the perpetrator, no contact; report to Utrecht police.
- In case of threats: contact police immediately for an emergency order.
- Consider summary proceedings at the Utrecht District Court.
Contact Het Juridisch Loket Utrecht for personal advice. This is not legal advice. More info: Stalking in Utrecht.