Interpretation of cyberstalking in the Austrian Criminal Code Cover Image

Тумачење сајбер ухођења у аустријском кривичном законику
Interpretation of cyberstalking in the Austrian Criminal Code

Author(s): Dijana Savić Božić, Srđan Mičić
Subject(s): EU-Legislation
Published by: Институт за међународну политику и привреду
Keywords: cyberstalking;Austrian law;Criminal Code

Summary/Abstract: Cyberstalking, the use of digital communication and technology to harass, intimidate, or persecute another individual, is a negative consequence of technological development. In the European Union, illegal cyberstalking is regulated by framework legislation such as the E-Commerce Directive or the Digital Services Act. Essentially, however, these activities within the EU member states are sanctioned by national criminal legislation. In order to illustrate the solutions present in the EU member states, the authors will analyse the Criminal Code of Austria in the subject paper. Through the legal interpretation of the Austrian Criminal Code, the authors will try to provide explanations about the illegality of cyberstalking as a criminal offence by drawing certain conclusions. regarding the essence of this offence, its elements, legal consequences, and punishment. In a broader context, the authors analyse the challenges and risks brought by the development of digital technologies. In this regard, the authors state the facts that victims of cyberstalking often suffer from anxiety, sleep disorders, nightmares, or depressive moods. They frequently change their social behaviour, which manifests through introversion and passivation, leading to a significant decline in their professional activities. As a rule, such mental disorders cause grave damage to the health of the victims of this crime, as evidenced by the analyses from health practice.

  • Issue Year: 2024
  • Issue No: 86
  • Page Range: 34-46
  • Page Count: 13
  • Language: Serbian
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