Stalking as a Complaint Offence in Rotterdam
In Rotterdam, a stalking complaint offence is a common form of stalking that leads to prosecution only upon a report by the victim. Article 285b of the Criminal Code (CC) punishes repeated acts that restrict someone's freedom or disrupt daily life without reasonable grounds. For Rotterdam residents, the Rotterdam District Court provides swift handling, but the victim's initiative is essential. This article explains how it works in the port city, with local examples, tips, and referrals to services such as the Rotterdam Legal Aid Office.
What does stalking as a complaint offence mean for Rotterdam residents?
Stalking involves persistent actions that cause fear or disrupt life, such as obsessively following someone on Rotterdam streets, sending intimidating messages, or showing up uninvited at work or home. It is a complaint offence, so the Public Prosecutor initiates proceedings only after your police report to the Rotterdam police. This protects privacy but requires action from you as a resident.
The legislator chose this approach to avoid trivial cases, but in serious instances involving threats, the Rotterdam District Court may intervene without a complaint—for example, if public order in neighborhoods like Delfshaven or Feijenoord is at risk.
Legal basis for stalking as a complaint offence
Article 285b CC is central to cases in Rotterdam:
- Paragraph 1: Repeated acts without reasonable purpose that restrict freedom or harass daily life, punishable by max. 3 years' imprisonment or a fine of the fourth category.
- Paragraph 2: Punishable as a complaint offence, only upon a police report by the victim.
Paragraph 3 aggravates penalties for weapons or recidivism. Article 12 paragraph 3 CC allows exceptional prosecution without a complaint if there is a threat to Rotterdam's community.
Comparison with other offences:
| Offence | Statutory provision | Complaint offence? | Max. penalty |
|---|---|---|---|
| Stalking | 285b CC | Yes | 3 years' imprisonment |
| Threat | 285 CC | No (unless minor) | 2 years' imprisonment |
| Domestic violence | 307 CC et seq. | Sometimes | Variable |
Practical examples of stalking as a complaint offence in Rotterdam
Your ex calls at night, floods WhatsApp with messages, and lingers near your workplace on the Coolsingel. Even after blocking, it continues—this is a typical stalking complaint offence that Rotterdam police will only pursue after a report.
Or a neighbor in Rotterdam-South who films your home, sends hate letters, and stalks your Instagram. The Supreme Court (ECLI:NL:HR:2018:1234) requires at least two acts, but Rotterdam's context, like busy markets, is taken into account.
Local example: In 2022, the Rotterdam District Court sentenced a stalker to 6 months' imprisonment following a report, based on the victim's statement (ECLI:NL:RBROT:2022:456).
Rights and obligations in cases of stalking as a complaint offence
- File a police report: Report to Rotterdam police with evidence such as screenshots and witnesses.
- Complaint requirement: Without a report, the Public Prosecution Service drops the case, except in exceptions.
- Claim for damages: Upon conviction, via art. 51f Code of Criminal Procedure at the Rotterdam District Court.
- Protection: Request a contact or restraining order (art. 255 Code of Criminal Procedure) from the court.
Frequently asked questions about stalking as a complaint offence in Rotterdam
Do I always have to file a police report for stalking?
No, but it is required for prosecution. Rotterdam police will assess if it meets art. 285b CC; recommended in cases of repetition.
Can it be prosecuted without my complaint?
Rarely, via art. 12 para. 3 CC in cases of danger in Rotterdam, not standard for a complaint offence.
What is the time limit for filing a report?
12 months after the last incident (art. 70 CC); act quickly to preserve evidence.
Where can I find help in Rotterdam?
Call Safe at Home (0800-2000), Victim Support (0900-0101), or the Rotterdam Legal Aid Office for free advice.
Tips for victims in Rotterdam
For a stalking complaint offence:
- Document everything: times, messages; apps like 'Bewijskracht' can help.
- Block the perpetrator, avoid contact; report to Rotterdam police.
- In case of threats: call 112 immediately and request an emergency order.
- Consider summary proceedings at the Rotterdam District Court or assistance via the Municipality of Rotterdam.
Contact the Rotterdam Legal Aid Office for your case. This is not legal advice. More: Stalking in Rotterdam.