STALKING AND SOCIAL NETWORKS

The Supreme court has made clear on numerous occasions that integrates the material element of the crime of stalking (art. 612 bis of the penal code), the repeated sending to the victim of the “sms or e-mail messages or posted on “the social network” (e.g. “facebook”), as well as the disclosure by “social” movies portraying sexual relations between the offender and the victim, given the capacity of such behaviors result in the disturbance required by the law, as a constitutive element of the crime.
In the process of discussion (Cass. Sec. V, 29-03-2019, n. 13800) the Supreme Court while considering credible statements of the victim and the witness of the PM as a “linear, logical, free of contradictions and intrinsically credible”, noted the lack of demonstration of the event of the crime, or “the determination of a permanent state of anxiety and fear and a well-founded fear for the safety of staff”.
In fact, you have to keep in mind that stalking is a crime “in the event of damage, therefore, from the behavior of the agent must be one of the events alternately required by the art. 612 bis of the penal code, or a continuing and serious state of anxiety or fear, a well-founded fear for the safety of their own or of a relative or of a person related to affective relationship, or forcing the victim to change their habits of life.