Mobbing or stalking?

Until now, the Criminal Code has not contained a specific offence of mobbing. This meant that, case by case, victims had to identify criminal-law provisions that could apply to the conduct in question. If mobbing involved defamation, the victim could accuse the perpetrator of the offence under Article 212 of the Criminal Code; if it involved a violation of bodily integrity, Article 217, etc., could apply.

The new definition of mobbing, however, is very similar to the definition of stalking. Under Article 190a of the Criminal Code, a person who, through the persistent harassment of another person or a person close to them, causes that person to have a justified sense of threat, humiliation or torment, or substantially violates their privacy, is subject to imprisonment for between six months and eight years. Persistent harassment is also at the core of the new definition of mobbing. For this conduct to constitute a criminal offence, it will also be necessary to demonstrate that it resulted in one of the effects listed in Article 190a.

Consequences of a conviction for mobbing

It should be remembered that a final and binding criminal conviction is binding on civil courts in all civil proceedings. This also applies to employment-law cases. In criminal proceedings, the injured party (victim) may also seek compensation and/or damages for the harm suffered from the perpetrator of the mobbing.

Find more articles in PRO HR September 2026