Synopsis History tells us that stalking is not just a modern phenomenon. In Book IV, title IV, of the Institutes of Justinianus we find the following passage:“Iniuria committitur sive quis matremfamilias aut praetextatum praetextatamve adsectatus fuerit”. This roughly translates into “being a nuisance by following a married woman or a boy or girl can lead to prosecution”. Though the phenomenon of stalking has an ancient history, new technology has added some special dimensions. The cliché that new forms of technology offer new tools for criminal purposes applies particularly well to stalkers’ case. With this study we intend to analyze the main questions about the legal regime of stalking, namely as a source of criminal and civil liability, demonstrating the advantages inherent to its recent inclusion in the list of crimes of the Portuguese Penal Code.
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