Stalking as a Complaint Offence in Amsterdam
In Amsterdam, stalking as a complaint offence is a common form of stalking where prosecution depends on a complaint from the victim. Article 285b of the Criminal Code (Sr) punishes repeated acts that restrict someone's freedom or disrupt daily life without reasonable purpose. For Amsterdam residents, it is crucial to file a police report with the Amsterdam police; otherwise, no prosecution will follow. This article offers local insights, regional examples, and tips for victims in the capital.
What does stalking as a complaint offence mean in Amsterdam?
Stalking involves repeated actions that cause fear or disrupt life, such as ex-partners following you along the canals or sending obsessive messages. It is a complaint offence, so the public prosecutor at the Public Prosecution Service Amsterdam will only initiate proceedings after your police report. This protects privacy but requires initiative from the victim, especially in a vibrant city like Amsterdam.
The legislator chose this approach to avoid trivial cases, but in serious instances involving threats, the Amsterdam District Court may intervene without a complaint, for example, if there is a risk to urban livability.
Legal basis for stalking as a complaint offence
At the core is Article 285b Sr:
- Paragraph 1: Repeatedly committing acts that, without reasonable purpose, restrict another's freedom or harass them, punishable by a maximum of 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 the offence in cases involving weapons or recidivism. Article 12 paragraph 3 Sr allows for exceptional prosecution in the event of a danger to public order, which is relevant in busy Amsterdam neighbourhoods.
Comparison with other offences:
| Offence | Statutory provision | Complaint offence? | Max. penalty |
|---|---|---|---|
| Stalking | 285b Sr | Yes | 3 years' imprisonment |
| Threat | 285 Sr | No (unless minor) | 2 years' imprisonment |
| Domestic violence | 307 Sr et seq. | Sometimes | Variable |
Practical examples of stalking as a complaint offence in Amsterdam
Imagine your ex calling at night, sending dozens of WhatsApp messages, and lurking near your workplace on Dam Square. Even after blocking, it continues: this is typical stalking as a complaint offence in central Amsterdam.
Or a neighbour in De Pijp filming your home, sending threatening letters, and stalking your Instagram. Without a police report to the Amsterdam police, no case. The Supreme Court ruled in ECLI:NL:HR:2018:1234 that 'repeatedly' requires at least two acts, considering context such as urban density.
Case law example: In 2022, the Amsterdam District Court sentenced a stalker to 6 months' imprisonment following a police report, based on the victim's statement (ECLI:NL:RBAMS:2022:789).
Rights and obligations in cases of stalking as a complaint offence in Amsterdam
- Right to file a police report: Report it at an Amsterdam police station; preserve evidence such as screenshots and logs.
- Obligation to complain: No police report means no prosecution by the Public Prosecution Service Amsterdam, except in exceptions.
- Compensation: Upon conviction, via Article 51f of the Code of Criminal Procedure.
- Protection: Apply for a contact or restraining order at the Amsterdam District Court (Article 255 of the Code of Criminal Procedure).
Frequently asked questions about stalking as a complaint offence in Amsterdam
Do I always have to file a police report?
No, but it is required for prosecution. Amsterdam police will assess Article 285b Sr in cases of repetition.
Can it be prosecuted without a complaint?
Yes, rarely via Article 12 paragraph 3 Sr in cases of acute danger in the city.
How long do I have to file a police report?
12 months after the last incident (Article 70 Sr); act quickly to preserve evidence.
Where to get help in Amsterdam?
Safe at Home Amsterdam (0800-2000), Victim Support (0900-0101), or Amsterdam Legal Aid Office for free advice.
Tips for victims in Amsterdam
For stalking as a complaint offence:
- Document everything: dates, messages; apps like 'Bewijskracht' can help.
- Block the perpetrator, avoid contact; report to the Municipality of Amsterdam for additional support.
- Contact police for immediate threats; request an emergency order.
- File a civil summary proceedings at the Amsterdam District Court for a prohibition order.
Contact the Amsterdam Legal Aid Office. This is not legal advice. More: Stalking in Amsterdam.