Stalking in European Criminal Policy: A Comparative Perspective from the Istanbul Convention and Directive 2024/1385

Keywords: Stalking, cyberstalking, European criminal policy, comparative law, victims

Abstract

Stalking is framed as a form of controlling violence against women, with serious consequences for victims’ safety and health. Effective action requires States to comply fully with their international obligations under the Istanbul Convention and Directive (EU) 2024/1385, both in the criminalisation of stalking and cyberstalking and in the implementation of the 4P policy approach. This article examines these international requirements, the extent to which they have been transposed into European criminal laws, and the main convergences and divergences in the configuration of offences, required outcomes, aggravating circumstances, sanctions and victim protective measures, including those of a technological nature. Finally, it identifies the outstanding challenges relating to legal harmonisation, adaptation to the digital dimension, strengthening of specialist services and improvement of transnational cooperation to ensure effective and consistent protection for victims across Europe.​

Received: 4 January 2026
Accepted: 25 March 2026

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Author Biography

Carolina Villacampa Estiarte, Departamento de Derecho. Universitat de Lleida, España

Catedrática de Derecho Penal

Published
2026-06-24
How to Cite
Villacampa Estiarte, Carolina. 2026. “Stalking in European Criminal Policy: A Comparative Perspective from the Istanbul Convention and Directive 2024/1385”. Estudios De Deusto 74 (1), 459-86. https://doi.org/10.18543/ed.3587.
Section
Studies