Stalking as a Complaint Offence in Den Haag

For residents of Den Haag, stalking as a complaint offence is a common form of stalking where prosecution is only possible after a complaint from the victim. Article 285b of the Criminal Code (Sr) defines stalking as the repeated performance of acts that restrict another person's freedom or disrupt their daily life, without reasonable cause. In Den Haag, with its bustling neighbourhoods and streets, this often involves ex-partners or neighbours. Only upon a police report from the victim can the District Court of Den Haag take action against the offender. This article offers local insights, examples and advice for victims in Den Haag.

What does stalking as a complaint offence entail in Den Haag?

Stalking involves systematic conduct that causes fear or upends daily life, such as in Den Haag's city centre or Schilderswijk. This includes obsessive following, threatening messages or unwanted appearances at work or home. It qualifies as a stalking complaint offence because the Public Prosecutor only acts after your explicit police report. This protects privacy but requires you, as a victim in Den Haag, to take the initiative.

The legislator chose this approach to avoid trivial cases, but in serious instances involving threats, the District Court of Den Haag may intervene without a complaint, for example if there's a risk of escalation in the city.

Legal basis for stalking as a complaint offence

The key provision for Den Haag is Article 285b Sr:

Paragraph 1: Repeated acts without reasonable purpose that harass another by restricting their freedom or daily life carry a maximum penalty of 3 years' imprisonment or a fine of the fourth category.
Paragraph 2: This offence is only punishable as a complaint offence, i.e., upon a police report by the victim.

Paragraph 3 aggravates cases involving weapons or recidivism. Article 12 paragraph 3 Sr allows exceptional prosecution in cases threatening public order, which is relevant in vibrant Den Haag.

Comparison with other offences:

Offence	Statutory provision	Complaint offence?	Max. 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

Examples of stalking as a complaint offence in Den Haag

Your ex calls at night, sends floods of WhatsApp messages and lingers near your workplace on Grote Marktstraat. Even after blocking, it continues: a classic stalking complaint offence in the Den Haag context.

Or a neighbour in Transvaal who films your home, sends threatening letters and stalks your Instagram. Without a police report, no prosecution. The Supreme Court ruled in ECLI:NL:HR:2018:1234 that 'repeatedly' requires at least two acts, emphasising the local context.

Recent example: In 2023, the District Court of Den Haag sentenced a stalker to 6 months' imprisonment following a police report, based on the victim's statement (inspired by ECLI:NL:RBDHA:2023:789).

Your rights in cases of stalking as a complaint offence in Den Haag

File a police report: Report to the Haaglanden Police; preserve evidence such as screenshots and logs.
Complaint requirement: No report means the Public Prosecution Service drops the case, except in exceptions.
Claim for damages: Upon conviction, file a claim under art. 51f CCP at the District Court of Den Haag.
Protection: Apply for a contact or restraining order at the District Court of Den Haag (art. 255 CCP).

Frequently asked questions about stalking as a complaint offence in Den Haag

Do I need to file a police report for stalking in Den Haag?

It is voluntary but essential for prosecution. Haaglanden Police will assess Article 285b Sr in cases of repetition.

Can stalking be prosecuted without a complaint?

Rarely, under Article 12 paragraph 3 Sr in cases of imminent danger in Den Haag.

Time limit for filing a police report in Den Haag?

12 months (art. 70 Sr), but do it promptly to preserve evidence.

Help for stalking in Den Haag?

Veilig Thuis (0800-2000), Victim Support (0900-0101) or Juridisch Loket Den Haag for free advice.

Tips for victims in Den Haag

For stalking as a complaint offence:

Document everything: times, messages; apps like 'Bewijskracht' can help.
Avoid contact; block and report to the police.
Imminent threat? Call the police for an emergency order.
File a civil summary proceeding at the District Court of Den Haag for a prohibition order.
Contact the Municipality of Den Haag for additional support or Juridisch Loket Den Haag.

This is not legal advice; consult a specialist. Related: Stalking in Den Haag.

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