The crime of harassment in the Penal Code

shetu24

The Penal Code classifies harassment as a conduct independent of others such as sexual harassment . Below we explain what the crime of harassment consists of. In general, to criminally prosecute a person for this crime, it is necessary to file a complaint by the aggrieved person or their legal representative. We can help you At Dexia Abogados we are lawyers specializing in harassment in Madrid . If you need a criminal law firm with extensive experience, contact us and find out without obligation . CONTACT US What is the crime of harassment? Harassment is a crime defined in article 172 ter of the Penal Code . It consists of harassing a person by carrying out certain actions, provided that: It is done insistently and repeatedly . There is no type of legitimate authorization to carry out the acts in question. The normal development of the daily life of the harassed person is altered.

The behaviors that the Penal Code contemplates as forms of harassment, when the above requirements are met, are the following: Surveillance, pursue or seek the physical proximity of another person. Establish or attempt to establish contact with her by any means of communication or through third parties. By using your personal data improperly, purchasing products or merchandise, or contracting services, or having third parties DM Databases contact you. Attacking her freedom or her assets , or against the freedom or assets of another person close to her. What is the penalty for the crime of harassment? The penalty for the basic type of harassment crime is 3 months to 2 years in prison or a fine of 6 to 24 months. Aggravated type of harassment crime When the victim of the crime of harassment is a person who is in a situation of special vulnerability due to his or her age, illness, disability or any other circumstance, the penalty for the crime of harassment will be 6 months to 2 years in prison.



Crime of harassment against the partner and other people The Penal Code establishes a penalty of 1 to 2 years in prison or work for the benefit of the community of 60 to 120 days when the offended party is one of the people referred to in article 173.2 of this same law, who are the following: Whoever is or has been the spouse of the harasser, or person who is or has been linked to him by an analogous emotional relationshiph disabilities in need of special protection who live with the harasser or who are subject to the power, guardianship, conservatorship, foster care or de facto custody of their spouse or cohabitant. People covered by any other relationship by which they are integrated into the core of the harasser's family life. People who, due to their special vulnerability, are under custody or care in public or private centers. When the harassment is carried out against one of these people, the complaint of the aggrieved person or their legal representative will not be necessary for the criminal procedure to begin.