Stalking and Harassment Defence Lawyer (Art. 172 ter Criminal Code)
Specialist criminal defence against stalking and harassment charges under Art. 172 ter of the Criminal Code: surveillance, pursuit and insistent, repeated contact that seriously disrupts everyday life.
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The offence of stalking or harassment is defined in Article 172 ter of the Spanish Criminal Code, among the offences against personal liberty. It was introduced to punish harassing conduct which, without amounting to threats or coercion in the strict sense, subjects the victim to an obsessive, insistent and repeated pursuit capable of seriously disrupting their daily life. At the firm Alonso Sala (Velázquez 27, Madrid) we handle both the defence of those under investigation and the legal direction of the private prosecution.
What Article 172 ter CP punishes
The provision penalises anyone who, in an insistent and repeated manner and without lawful authorisation, carries out any of the following conduct, thereby seriously disrupting the development of the victim's everyday life:
1) Watching, pursuing or seeking physical proximity to the victim. 2) Establishing or attempting to establish contact with the victim through any means of communication or through third parties. 3) Through the improper use of the victim's personal data, acquiring products or goods, contracting services, or causing third parties to contact the victim. 4) Attacking the victim's liberty or property, or the liberty or property of a person close to them.
These forms make up the backbone of the offence. The case law of the Supreme Court (referred to in general terms, without citing a specific number) has stressed that annoying or isolated conduct is not enough: a pattern sustained over time is required, together with a genuine impact on the victim's daily life, reflected in changes of habits (altering routes, phone numbers, work or social routines).
The key requirement: serious disruption of everyday life
The most contested element at trial is the serious disruption of the victim's everyday life. Mere insistence or persistence is not punished; what matters is the objective capacity of the conduct to condition the victim's freedom to act. Where the defence shows that the alleged victim maintained a normal life, the offence may not be committed or may be reclassified as a lesser infringement.
Applicable penalties
The basic offence is punishable by imprisonment of 3 months to 2 years or a fine of 6 to 24 months. Where the victim is an especially vulnerable person by reason of age, illness or situation, the penalty is imprisonment of 6 months to 2 years.
There is an aggravated subtype where the victim is or has been a spouse or person bound by an analogous emotional relationship, even without cohabitation, or one of the persons within the family circle of Article 173.2 CP. In such cases the penalty is imprisonment of 1 to 2 years, or community service of 60 to 120 days, and the matter falls to the Courts for Violence against Women where gender violence is involved. In addition, Article 172 ter provides that these penalties apply without prejudice to those that may correspond to the offences in which the acts of harassment have materialised.
Prosecution of the offence and protective measures
As a general rule, the offence of harassment may only be prosecuted upon a complaint by the aggrieved person or their legal representative; this procedural requirement falls away where the victim is an especially vulnerable or defenceless person. In practice, alongside the charge a restraining order and prohibition of communication is usually sought, which may extend beyond the custodial penalty.
Cyberstalking and digital evidence
The vast majority of current cases involve a digital element: messaging, calls, fake profiles to bypass blocks, monitoring of social media or mass communications. Electronic evidence is therefore decisive. Forensic analysis of devices makes it possible to prove or disprove authorship, the actual repetition, the existence of effective blocks and, in particular, whether communication was one-sided or reciprocal.
Why specialist defence matters
The line between criminally irrelevant conduct and the offence under Article 172 ter is narrow and depends on evidential detail. Our work involves examining the chronology of events, the degree of repetition, whether the disruption of daily life required by law is present, and the chain of custody of the digital evidence, building a strategy tailored to each case. For an initial assessment you may contact the firm on 91 078 65 74.
Penalties & Consequences: Stalking and Harassment Defence Lawyer (Art. 172 ter Criminal Code)
| Type / Scenario | Criminal Penalty |
|---|---|
| Basic offence | Imprisonment of 3 months to 2 years or a fine of 6 to 24 months for harassment under Art. 172 ter CP that seriously disrupts the victim's everyday life. |
| Aggravated subtype (partner) | Where the victim is or has been a partner, imprisonment of 1 to 2 years or community service of 60 to 120 days, possibly within the jurisdiction of the Courts for Violence against Women. |
| Vulnerable victim | Where the victim is especially vulnerable by reason of age, illness or situation, the penalty is imprisonment of 6 months to 2 years. |
* Penalties shown are indicative. The actual penalty depends on case circumstances, applicable mitigating and aggravating factors.
Defense Strategy: Stalking and Harassment Defence Lawyer (Art. 172 ter Criminal Code)
Analysis of repetition
We study the full chronology of events to establish whether there was a pattern sustained over time or, conversely, isolated acts that do not amount to the offence under Art. 172 ter CP.
Computer forensic evidence
We examine devices, messaging and metadata to verify authorship, the reciprocal nature of the communication and whether blocks actually existed, dismantling mistaken attributions in cyberstalking cases.
Absence of life disruption
We document that the victim maintained their everyday life without significant change, weakening the core element of the offence and opening the way to acquittal or a less serious classification.
Crimes Against Persons in Spain: Homicide, Assault and Threats — Defense Guide
Crimes against persons — homicide (Art. 138 CP), murder (Art. 139 CP), assault/bodily harm (Art. 147-156), and threats (Art. 169-171 CP) — are among the most severely punished offenses in Spain, frequently resulting in substantial prison sentences. A robust forensic and legal defense is critical from the first moments of arrest.
Penalty Table: Crimes Against Persons
| Offense | Article | Penalty |
|---|---|---|
| Reckless Homicide | Art. 142 | 1 – 4 years |
| Intentional Homicide | Art. 138 | 10 – 15 years |
| Murder (Asesinato) | Art. 139 | 15 – 25 years |
| Aggravated Murder | Art. 140 | Permanent Revisable Prison |
| Minor Assault | Art. 147.2 | Fine 1-3 months |
| Serious Bodily Harm | Art. 149 | 6 – 12 years |
| Criminal Threats | Art. 169 | 1 – 5 years |
Core Defense Strategies
Self-Defense (Art. 20.4 CP)
The three legal requirements are: unlawful aggression, proportional response, and no provocation. Documenting prior threats and injuries is paramount from day one.
Reclassification: Murder → Homicide
The difference between Art. 138 and 139 CP means up to 10 years' additional prison. Defense focuses on disproving premeditation, treachery, or cruelty — the three murder qualifiers.
Psychiatric Defense / Diminished Responsibility
If the accused had a mental disorder at the time of the act, total or partial irresponsibility (Art. 20.1) or diminished responsibility (Art. 21.1) significantly reduce or eliminate the sentence.
Forensic Medical Evidence
Independent autopsy, injury assessment, and toxicology reports often contradict expert testimony submitted by the prosecution. A second forensic medical opinion is always recommended in serious cases.
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