Stalking as a form of gender-based Violence: International standards and national law

Based on the international standards contained in the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (the so-called Istanbul Convention), a system of criminal liability and punishment for the act of "Stalking" has been established in European criminal law. Depending on the legal regulation that provides for this incrimination against a person's personal freedom, this criminal offence consists of causing fear, insecurity, anxiety or distress to another person or a person close to them. This unlawful misconduct is undertaken by someone repeatedly and persistently following, harassing or stalking another person or a person close to them. However, the essence of this incrimination is reflected in the attempt to establish unwanted or inappropriate contact between the perpetrator and another person, directly or through a third party, through information and communication technology. Based on international standards, the paper analyzes the content, characteristics, elements of being and forms of manifestation of the criminal offense of persecution in the law of the Republic of Serbia, or in the law of selected European countries (Italy, Germany, Poland, Switzerland).