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The crime of stalking exists even if there are acts against the physical safety

Cassation, Judgement n.8832/2011
To configure the crime of "persecution" (stalking) is sufficient "that the persecution of creating a state of severe emotional disturbance such as to destabilize the victim, not being able to bring the case in question was part of a repetition of Article. Cp 582 (lesions). The offense is essentially acts directed against complement even without physical injury. To say it is a recent ruling of the Supreme Court which was dismissed an appeal by a man who haunted his former girlfriend with persecution directed against his car, without harm to the physical safety of the same. According to the reconstruction of the incident, was appealed to the Supreme Court against the order issued by a court of Turin (for confirmation of the Warrant of Asti application of the measure of the prohibition approach to the places frequented by the victim). The man, holding the ordinance, appealed to the Supreme Court pleading violazone art. 612-bis and a lack of motivation with regard to the configuration of the offense (as the appellant, in essence, the Court erred in considering the creation of all events under the rule laid down in Art. 612-bis addition, The woman, a victim of the crime, had not expressed my fear nor denounced threats issued in its damage by man. He finally noted that the facts he had put in place to direct damage to things and not directed against ' physical safety of his ex). Despite the objections raised by man, the Court rejected the appeal, stating that the new crime of "stalking" in art. 612-bis, introduced by Art. Dl 7 of 23.02.2009, No 11, can integrate well in the presence of persecutory conduct, such as fire and / or damage to the victim's machine, even without attitudes directed against the limb, such as to destabilize the woman psychologically, "the new type - said point of law - can not be reduced to a repetition of the offense under Article. 582 cp - the occurrence of which can be configured either as a physical illness such as mental illness and spcicoligca - but it is sufficient that the acts considered persecutors have a destabilizing effect of Sérent, 's psychological wellbeing of the victim. This event has been properly considered destabilizing subsistence to the lower courts, although it does not result in an advanced disease state, which may be relevant to ascertain whether there is any further injury offense. "