🚷 Stalking (Nachstellung, § 238 StGB)
In brief
Stalking – called “Nachstellung” in criminal law – is a criminal offence under § 238 StGB if someone unlawfully and repeatedly pursues another person, for example by repeatedly seeking physical proximity, attempting contact by means of communication, ordering goods or services while misusing the victim's data, making threats or comparable acts that are capable of significantly affecting the victim's way of life. Since the 2021 reform of the law, mere suitability to significantly affect is enough – actual success no longer has to be proven. Stalking is prosecuted ex officio regardless of a criminal complaint application.
Independently of a criminal complaint, you can apply under civil law under the Protection against Violence Act (Gewaltschutzgesetz): the court can, among other things, prohibit the stalker from approaching you, making contact or visiting certain places (restraining order and no-contact order). This protection is in principle available to every stalking victim, not only in cases of violence within a (former) partnership.
Step by step
- Document incidentsKeep a stalking diary: date, time, type of incident; save messages and calls, with screenshots if possible.
- File a reportStalking is prosecuted ex officio as soon as the authorities become aware of it – a report to the police is possible at any time.
- Apply under the Protection against Violence ActIndependently of the report, an application for a restraining order and no-contact order under the Protection against Violence Act can be made to the family court.
- Secure things technicallyRestrict ways of making contact (blocking, check privacy settings) without deleting evidence.
- Get supportAdvice centres such as WEISSER RING or specialised stalking advice centres support you with all steps.
Deadlines
- Even seemingly “harmless” individual acts (e.g. repeated text messages) can be punishable as stalking when viewed as a whole – what matters is the overall picture of repeated pursuit.
- A no-contact order under the Protection against Violence Act does not replace a criminal complaint and vice versa – the two procedures run independently of each other.
- Stalking does not end automatically with a separation or a move – actively plan technical and organisational protective measures.
In depth · legal basis, figures and practice – for advisers and professionals
§ 238 StGB since the 2021 reform
Since the 2021 reform, § 238 StGB is designed as a so-called offence of suitability (Eignungsdelikt): the act must be capable of significantly affecting the victim's way of life; actual success in affecting the victim is no longer strictly required. The basic offence carries imprisonment of up to three years or a fine, in particularly serious cases up to five years. A particularly serious case generally exists under § 238 Abs. 2 StGB if the act causes damage to the health of the victim, a relative or a person close to them, puts the victim or these persons at risk of death or serious damage to health, the stalking takes place over a period of at least six months, a computer program is used for digital spying on other persons, or the offender is over 21 and the victim under 16. § 238 StGB is an offence prosecuted ex officio; the statutory text contains no provision of its own on a criminal complaint application.
Protection against Violence Act regardless of closeness of relationship
For restraining orders and no-contact orders, the Protection against Violence Act does not require living together or a (former) partnership – it in principle protects every person against stalking, threats or injury, regardless of the relationship to the person acting. In case of acute danger, an interim order is possible, which can be issued at short notice without an oral hearing.
Cyberstalking
Digital forms of stalking – for example via social networks, messengers or GPS tracking – also fall under § 238 StGB, provided the requirements of repeated pursuit and suitability are met. Depending on the circumstances, further offences may also apply (see “Victim protection for online offences”).
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