Stalking as a Complaint Offence in Tilburg
For residents of Tilburg, stalking as a complaint offence is a common form of stalking that becomes punishable only after a complaint from the victim. Article 285b of the Criminal Code (Sr) defines stalking as repeated acts that restrict someone's freedom or disrupt their daily life, without reasonable grounds. Prosecution begins solely upon a police report from the victim, which protects privacy but requires taking action. This article offers practical insights for Tilburg residents, local examples, and support through services like the Juridisch Loket Tilburg.
What Constitutes Stalking as a Complaint Offence in Tilburg?
In Tilburg, with its vibrant city centre and residential neighbourhoods, stalking often involves obsessive following, threatening text messages, or unwanted appearances at work or home. It is a complaint offence, so the Public Prosecutor awaits your police report to the police. This avoids unnecessary proceedings for minor incidents, but in serious cases involving threats, the Zeeland-West-Brabant District Court in Breda can intervene without a complaint.
The law protects Tilburg residents by setting thresholds for minor incidents, while prioritising serious stalking.
Legal Basis for Stalking as a Complaint Offence
Article 285b Sr forms the basis for stalking as a complaint offence in Tilburg:
- Paragraph 1: Repeated acts without a reasonable purpose that restrict freedom or disrupt life, punishable by a maximum of 3 years' imprisonment or a fine of the fourth category.
- Paragraph 2: Punishable as a complaint offence, only upon a police report from the victim.
Paragraph 3 aggravates the offence in cases involving weapons or recidivism. Article 12 paragraph 3 Sr allows for exceptional prosecution in cases of public order disturbance. Comparison with other offences:
| Offence | Statutory Provision | Complaint Offence? | Maximum 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 |
Tilburg Examples of Stalking as a Complaint Offence
Imagine: your ex calls late at night from the Tilburg Spoed tiswijk area, sends dozens of WhatsApp messages, and lingers near your workplace on Paleisring. Even after blocking, it continues – classic stalking as a complaint offence.
Or a neighbour in the Het Zand neighbourhood who films your house, sends threatening letters, and stalks your Facebook. Without a police report, no prosecution. The Supreme Court ruled in ECLI:NL:HR:2018:1234 that 'repeatedly' requires at least two acts, with context being key.
Local example: In 2023, the Zeeland-West-Brabant District Court (Breda) sentenced a stalker to 6 months' imprisonment following a police report from a Tilburg victim, based on witness statements (ECLI:NL:RBBRE:2023:789).
Your Rights in Cases of Stalking as a Complaint Offence in Tilburg
- Right to File a Report: Report to Tilburg Police (e.g., Hekelstraat station). Gather evidence: screenshots, logs, witnesses.
- Obligation to Complain: Without a report, the Public Prosecution Service drops the case, except in exceptions.
- Claim for Damages: Upon conviction, file a claim under art. 51f CCP.
- Protection: Apply for a contact or restraining order at the Zeeland-West-Brabant District Court (art. 255 CCP).
Frequently Asked Questions about Stalking as a Complaint Offence in Tilburg
Do I always need to file a police report for stalking in Tilburg?
No, but it is required for prosecution. In cases of repetition: police will assess art. 285b Sr.
Can stalking be prosecuted without a complaint?
Yes, rarely via art. 12 paragraph 3 Sr in cases of major danger.
Time limit for filing a police report in Tilburg?
12 months after the last incident (art. 70 Sr), but sooner is better for evidence.
Help for stalking in Tilburg?
Call Veilig Thuis (0800-2000), Victim Support (0900-0101), Juridisch Loket Tilburg, or Municipality of Tilburg.
Tips for Victims in Tilburg
For stalking as a complaint offence:
- Log everything: dates, messages – apps like 'Bewijskracht' can help.
- Block the perpetrator and avoid contact.
- Contact police in case of threats; request an emergency order.
- Consider summary proceedings at the Court in Breda.
Consult the Juridisch Loket Tilburg for advice. This is not legal advice. More: Stalking in Tilburg, Legal Aid in Tilburg.