STALKING-UL: CONCEPT, CADRU NORMATIVE, PRACTICĂ JUDICIARĂ

Abstract

In the present study it is analyzed the concept of „stalking”, according to the national and international legal framework. Some foreign legislative models are also being studied. It is noted that in the vast majority of foreign laws, stalking is considered a criminal offense, but not a contravention (as in the case of the legislation of the Republic of Moldova). It is concluded that the Moldovan legislator should reconsider its position so as to transfer the acts of persecution from the sphere of contravention to the sphere of criminal. The repeated nature of the acts of persecution is emphasized. In the absence of a sufficient number of deeds to testify to the repeated nature of the acts of persecution, the committed acts cannot be qualified on the basis of art. 782 of the Contravention Code of the Republic of Moldova. Part of the study focuses on the analysis of judicial practice. Various issues of qualification of acts of persecution are highlighted.