КРИМИНАЛИТЕТ ПРОГАЊАЊА – КРИМИНОЛОШКИ И КРИВИЧНО ПРАВНИ АСПЕКТ
STALKING: CRIMINOLOGICAL AND CRIMINAL LAW ASPECTS

Summary/Abstract: Starting from the historical aspects of stalking crime, the author first provides an overview of different definitions of this socially negative behavior in the legal documents of countries where such conduct was first criminalized. The author presents statistical data on the scope of stalking in the United States and Australia. The second part of the paper discusses different types of stalkers, whose distinctive features are analyzed in more detail. In particular, the author focuses on the causal link between the stalking crime and violence, as well as the victims’ responses to their own victimization. In the next part of this article, the author provides a detailed analysis of a wide range of consequences of stalking crime. In some cases, the victim of stalking may become the perpetrator of a criminal act of murder, whereas the stalker becomes a victim of this serious form of homicide. Although these cases are not numerous, they call for further analysis and proposing new legal solutions related to the privileged forms of murder, which are aimed at improving the position of the victim of stalking who is the perpetrator of such homicide. Finally, the author argues in favour of incriminating a new type of felony – the crime of stalking (in line with the model envisaged in the criminal legislation of the Republic of Croatia), as well as a privileged homicide which may be designated as a murder of a stalker committed by a victim of stalking.

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