Stalking: the offence of predatory harassment (Section 172 ter of the Criminal Code). Some issues on the definition of the offence in Spain

Abstract

This paper analyses the new Section 172 ter of the Spanish criminal code, which establishes the offence of stalking. Special attention is paid to the main problems in relation to interpretation and implementation that arose out of the vagueness of the definition of the crime. We try to identify normative elements and to solve some issues about inchoate offences, parties to crime, as well as concurrence of provisions and of offences. We conclude with a lege ferenda proposal that aims at addressing these obstacles and being coherent with the regulation of harassment in the Spanish criminal law.