Stalking Law Switzerland 2026

Stalking Becomes a Separate Criminal Offense

From 2026, stalking (harassment/pursuit) becomes a separate criminal offense in Switzerland. This is an important step for victim protection, as stalking could previously only be prosecuted through indirect means.

What's Changing Specifically?

Definition: What Is Stalking?

Stalking (harassment/pursuit) includes under the new law:

Typical Stalking Behaviors

1. Following and watching the affected person
2. Unwanted contact (calls, texts, emails, social media)
3. Ambushing at home, workplace, or other locations
4. Threats and intimidation
5. Surveillance (including digital)
6. Property damage
7. Spreading false information (cyberstalking)

Requirements for Criminal Liability

• Repeated actions (not one-time)
• Against the will of the affected person
• Impairment of life of the victim
• Fear or anxiety in the victim

How to Protect Yourself from Stalking

Preventive Measures

1. Review privacy settings on social media
2. Disable location sharing on smartphone
3. Don't share personal data publicly
4. Use strong passwords
5. Document suspicious contact attempts

In Case of Active Stalking

1. Set clear boundaries – Once, clearly, in writing
2. No further contact – Any reaction can reinforce behavior
3. Document everything – Messages, date, time, witnesses
4. Secure evidence – Screenshots, voicemails, emails
5. Inform police – File a report

Legal Protection in Stalking Cases

Stalking cases can incur significant costs:

• Lawyer fees for consultation and representation
• Court costs for civil measures
• Expert costs in complex cases

Legal protection insurance can cover these costs:

Legal Steps Against Stalkers

1. Criminal Complaint with Police

With the new law you can:

• File a complaint for stalking (Art. 181d Swiss Criminal Code)
• The prosecutor investigates ex officio
• Up to 3 years imprisonment is possible

2. Civil Measures

• Contact ban (court-ordered)
• Restraining order (zone ban)
• Surveillance ban (including digital)

3. Violence Protection Act

Cantons additionally offer:

• Removal of the stalker
• Entry ban for certain locations
• Contact ban at police level

Documentation: How to Collect Evidence

What to Document?

Keep a Stalking Diary

Record every incident:

• Date and time
• Type of incident
• Location
• Witnesses present
• Your reaction
• Your condition (fear, stress)

Help Resources for Stalking Victims

Immediate Help

• Police Emergency: 117
• Women's Shelters: Protective housing
• Victim Support Switzerland: 0800 040 080 (free)

Counseling Centers

• Victim support counseling centers in every canton
• Women's counseling centers
• Men's counseling centers (men can also be victims)

Psychological Support

Stalking can be traumatizing. Seek professional help from:

• Psychological counseling centers
• Victim support (free initial consultation)
• Family doctor (referral to specialists)

Cyberstalking: Digital Harassment

Special Forms

• Surveillance via GPS trackers or spyware
• Identity theft on social media
• Doxxing (publishing personal data)
• Revenge porn (distributing intimate images)

Protection from Cyberstalking

1. Check devices for spyware
2. Change all passwords (email, social media, banking)
3. Activate two-factor authentication
4. Set profiles to "private"
5. Block stalker (all platforms)

FAQ

When Does Something Count as Stalking?

It must be repeated actions that occur against the will of the affected person and impair their way of life. A single contact attempt is not yet stalking.

Can Men Also Be Stalking Victims?

Yes, about 20-25% of stalking victims are men. The new law protects all genders equally.

Does Filing a Stalking Report Cost Money?

Filing a criminal complaint with police is free. Civil proceedings (restraining orders) can incur costs that may be covered by legal protection insurance.

Can I Sue the Stalker for Damages?

Yes, stalking victims can claim damages and compensation for pain and suffering (Art. 41 ff. Swiss Code of Obligations). This includes material damages (e.g., moving costs) and immaterial damages (emotional suffering).

What Happens If the Stalker Violates the Restraining Order?

Violation of a court-ordered restraining order can result in:

• Fine
• Penalty for contempt (Art. 292 Swiss Criminal Code)
• Strengthening of measures

Conclusion

The new stalking law 2026 significantly strengthens victim protection. Stalking becomes an official offense, and evidence requirements are simplified.

If you are affected by stalking:

1. Document all incidents
2. Get help (police, victim support)
3. File a report
4. Protect yourself with legal protection insurance