Last updated on 27 October 2026

Stalking (belaging) is unlawfully, systematically and deliberately intruding on another person’s private life. The offender aims to make that person do or tolerate something, or to frighten them. It is a criminal offence under article 285b of the Dutch Criminal Code (Wetboek van Strafrecht, Sr) and is only prosecuted after a formal complaint by the victim.

Table of contents

Legal basis

Stalking is a serious offence (misdrijf). The maximum penalty is three years’ imprisonment or a fourth-category fine (article 285b(1) Sr). The right to prosecute lapses after six years (article 70 Sr).

Stalking is an offence prosecuted only on complaint (klachtdelict), under article 285b(2) Sr. The Public Prosecution Service (Openbaar Ministerie, OM) may only prosecute if the victim asks for it. That complaint (klacht) must be made within three months of the day the victim learns of the offence (article 66 Sr).

The word “systematically” (stelselmatig) is key. One angry message is not stalking. The court looks at the nature, duration, frequency and intensity of the conduct. Examples are repeated calls, messages, social media posts, waiting outside someone’s home or following them.

How it works in practice

The victim reports the offence to the police (aangifte) and asks for prosecution at the same time. That request is the complaint. The police then question the suspect and gather evidence, such as messages, phone records and witness statements.

The public prosecutor (officier van justitie) decides whether the case goes to court. In stalking cases, the prosecution often wants to stop contact quickly. The court can impose a contact ban or a ban on visiting certain places, for example as a special condition or as a measure restricting liberty (article 38v Sr).

Separately from the criminal case, the victim can ask a civil court for a contact ban in summary proceedings (kort geding).

Common pitfalls

For victims: no complaint, no prosecution. If you only file a notification, or wait too long, the three-month complaint period may run out. Record messages, dates and times from the start. Loose screenshots without dates carry little weight.

For suspects: many people see their messages as an ordinary quarrel or an attempt to talk. The question is not what you meant by one message. The question is whether your conduct as a whole was systematic. Making contact while a ban is in place can lead to a new case.

A common issue is the overlap with criminal threats (bedreiging, article 285 Sr). Threatening messages can be both stalking and a threat. A threat is not an offence prosecuted on complaint, so the prosecution can pursue it without the victim’s complaint.

Our criminal lawyers assist suspects and victims in cases involving stalking.