DiKE Zehn Jahre Anti-Stalking-Gesetz

The author explores the psychological and sociological aspects of the phenomenon of stalking and presents the development of the legal situation in Germany regarding the criminalization of stalking, considering a timeframe that spans from the 1990s to 2017. The focus is on the engagement with the anti-stalking norms introduced in 2007 and their impacts, as well as the analysis and evaluation of the changes brought about by the 2017 reform. The paper provides practitioners dealing with stalking cases an overview of all the questions arising in the application of the law. It demonstrates that the formulation of norms is inconceivable without indeterminate legal concepts due to the diversity of stalking actions and offers possibilities for interpretation. At the same time, it critically examines whether the legislator adhered to constitutional limits, particularly the requirement of clarity, in both 2007 and 2017.