Separate criminal offense Parliament wants to take tougher action against stalking

Parliament wants a separate criminal offense for stalking - and thus better protection for victims. After the National Council, the Council of States also wants such a law - but deviates on important points.

Parliament wants to better protect victims of stalking. After the National Council, the Council of States has also agreed to the creation of a separate criminal offense against stalking. However, it deviated from the upper chamber's decision on two important points.

In the overall vote, the Council of States approved the amendment to the law by 32 votes to 7 with one abstention. Next, the National Council will have to deal with the matter again.

The decree on the criminal offense of stalking was drafted by the National Council's Legal Affairs Committee (RK-N). According to its draft, anyone who persistently stalks, harasses or threatens someone and thereby restricts their freedom of life should be punishable with a custodial sentence of up to three years or a fine.

No proof of effect necessary

The Council of States would like to change this definition. According to this, it should be sufficient that a conduct is capable of restricting someone's freedom of life. It would not be necessary to prove that this effect is actually achieved for the victim in order to be punished.

The preliminary consultation committee of the Council of States was of the opinion that perpetrators should not be able to benefit from the victim's particular resilience.

Proceedings only if reported

Unlike the National Council, the Council of States wants stalking to be prosecuted only at the request of the victim. The Federal Council is of the same opinion. The government argued that proceedings should not be initiated against the will of the victim.

In the summer session, the National Council had spoken out in favor of prosecuting stalking in couple relationships ex officio. Various speakers pointed out at the time that stalking is often linked to domestic violence and that the same regulation applies to simple assault, for example.

The role of social media

Due to the rapid development of social media, stalking has increased in recent years, said Céline Vara (Greens/NE) on behalf of the advisory committee. Young people are often affected, but also women. Current criminal law did not reflect the role played by the persistence of the perpetrators.

A minority of the Council of States committee consisting of Pirmin Schwander (SVP/SZ) and Daniel Jositsch (SP/ZH) unsuccessfully requested that the bill be rejected.

The decisive question was whether a new criminal offense would actually improve victim protection, said Schwander. Experience abroad did not provide a clear answer to this question.

Schwander also pointed out that the definition of stalking was relatively open. In individual cases, courts would have to decide, even if the bill were adopted, whether existing facts such as coercion were already fulfilled. The existing legal basis for prosecuting stalking was therefore sufficient.

Doubts about the effect

"Stalking is difficult, nobody helps you," said Jositsch. He himself had already had such experiences. However, the Zurich Councillor of States warned against activism: "I can guarantee you that it won't help", he said, referring to the stalking bill.

Jositsch also pointed out that civil law already allows bans on approach and contact. This is where we need to start and make it possible for the police to intervene immediately. The SP politician criticized the fact that criminal law is too slow in such cases. In this specific situation, it would not help anyone to be able to file a complaint, which might be followed by a verdict a year and a half later.

The Federal Council was originally skeptical about a stalking offence, but requested that it be introduced. The consultation process had shown that there was a great need for this, said Justice Minister Beat Jans. With the new law, a separate jurisdiction on stalking could also develop, which was positive. However, Jans warned against expecting too much from the new criminal law. Providing evidence in such cases will remain difficult.