The indeterminate nature of article 612-bis of the Italian Criminal Code: ambiguity as a psycho-crime

Abstract

This article aims to provide an interpretation of the offense of stalking, starting from the concept of relationship as an unstable cooperative bond, not constrained by any financial ties or legal obligations. The abandonment of such an indirect relationship by one party must be accepted by the other in this cooperative game. Otherwise, according to the jurisprudence of the Court of Cassation, repeated, harassing, and threatening behaviors that cause a severe and lasting state of anxiety and fear can constitute the offense under Article 612-bis of the Italian Criminal Code. Naturally, while this norm has a character of determinacy due to the protection of the legal good of self-determination, it lacks interpretive determinacy. Therefore, it is up to the judge to interpret, on a case-by-case basis, the conformity of Article 612-bis of the Italian Criminal Code with the concrete facts that have occurred in reality.