Lugano, April 23, 2026

Author: Attorney Enrico Germano

In a previous article of mine dated October 3, 2023, I anticipated the new specific crime of stalking, which was planned for the Swiss Criminal Code (SCC), and which has since come into force on January 1, 2026¹.

What does this new law explicitly provide?

Art. 181b Swiss Criminal Code (SCC)

Anyone who persistently follows, harasses, or threatens a person in a manner likely to significantly restrict that person’s freedom of choice is punishable, upon complaint, by a prison sentence of up to three years or a fine.

For this crime to be constituted, certain requirements must be met:

• Repeated conduct (not an isolated incident): stalking, persistent contact, harassment, threats, etc.
• Potential to impact the victim’s life, i.e., significantly limit their freedom (e.g., changing habits, living in fear).
• Physical violence is not required: persistent and oppressive behavior is sufficient.

The applicable penalty is a prison sentence of up to three years or a fine. In Switzerland, stalking is prosecuted upon complaint. Therefore, a complaint from the victim is required to initiate criminal proceedings. Pursuant to Art. 31 of the Swiss Criminal Code, the right to file a complaint expires after three months, meaning that the deadline begins on the day the person entitled to file a complaint learns the identity of the perpetrator.

Therefore, the Public Prosecutor’s Office cannot prosecute this crime ex officio. However, even if stalking itself is the result of a complaint, individual related behaviors (e.g., serious threats, injuries, violence) may constitute separate crimes prosecutable ex officio. In these cases, the authority may intervene independently of the complaint.

During the investigation, the complainant may request protection, and among the possible measures, the criminal justice authority may issue a contact ban, a restraining order, or an order requiring the individual to stay away from certain places.

To better understand, here are some concrete examples of behaviors that may constitute this crime. The crime of stalking may include repeated and unwanted contact, such as persistent phone calls, even at all hours, the continuous sending of unsolicited messages, emails, or letters, or contact via social media despite explicit refusal.

Surveillance or stalking also fall under this category, such as following a person at work, at home, or while they travel, lurking in front of their home or in places they frequent, or systematically monitoring their activities.
Threats or intimidation (threatening physical or psychological harm, exploiting fear to control the victim, sending threatening messages, even indirectly), intrusions into the private sphere (showing up uninvited at home or work, contacting friends, family, or colleagues to obtain information or spread personal information or rumors), and finally, the abusive use of technology (such as creating fake profiles to monitor or harass, tracking someone’s location without consent, or posting content to humiliate or intimidate) also constitute the constituent elements of stalking.

Obviously, a single isolated incident is not enough; repetitions over time are necessary (persistent behavior), an invasive and unwanted nature, and a serious impact on the victim’s life (fear, change in habits, limitation of activity, limitation of the freedom).

¹ Inserted by Section I of the Federal Act of 20 June 2025 (Improving Criminal Law Protection against Stalking), in force since 1 January 2026 (AS 2025 740; BBl 2024 751, 1219).