Malicious phone calls and messages (telephone harassment)

Telephone harassment involves the repetition of phone calls or messages (SMS, MMS, private messages on a social network, e-mails) intended to disturb your tranquility.

For this offense to be upheld, 2 conditions cumulative must be completed:

• Calls or messages must be repeated. Harassment is retained from 2^nd call or from 2^nd malicious message. The hours and frequency of telephone interactions will be taken into account (e.g. night calls or SMS repeated in a very short interval).
• These calls or messages are intended to harm your peace of mind. This is the case when they have a disturbing, intimidating character or disturb the proper functioning of your day (for example, 20 calls made at any time of the day and night, accompanied by threats and insults).

Ec offense shall be punished even if:

• The perpetrator of the harassment is anonymous
• No telephone calls were made. Indeed, this infringement can be retained even if the author has stumbled on your voicemail or answering machine
• You have not been threatened or insulted (e.g. a person disrupts the operation of a doctor's office through repeated phone calls during which he or she does not speak).

As a victim of telephone harassment, you can alert the police or gendarmerie by filing a handrail against the perpetrator. This possibility is open to adults and minors.

If telephone harassment is committed by the person with whom you are married, past or cohabitingAlternatively, you can contact the police or gendarmerie via instant messaging. Through this chat, you will have the opportunity to report the facts to a specially trained police officer or constable of infringement. This messaging service is accessible to adults and minors.

Report domestic, sexual or gender-based violence to law enforcement

To demonstrate harassment, you must collect evidence that will be taken into account by the justice system.

Any form of proof is admitted. These may include the following:

• Handrail or report to law enforcement
• Medical certificate or attestation of a physician noting the harm undergone

• Recordings of calls even without the author's knowledge
• Recordings of messages left on your voicemail
• Screenshots of SMS: titleContent or MMS
• Copies (or screenshots) of messages sent to your email address.

You also have the option of using a commissioner of justice.

If you experience repeated phone calls or malicious messages, you can lodge a complaint against the perpetrator. If you don't know who is harassing you, you can file a complaint against X.

The complaint can be filed in a 6 years from the last malicious call or message.

If you file a complaint, an investigation will be conducted. If the perpetrator is identified, he or she may be prosecuted and convicted by a criminal jurisdiction.

The presence of a lawyer is not required for the lodging of a complaint and throughout the proceedings until the trial before the court. However, you can get the assistance of a lawyer if you wish.

The perpetrator of the telephone harassment is liable to a penalty of:

• 1 year of imprisonment
• And €15,000 of a fine.

Where this offense was committed by the person with whom you are married, past or in cohabitation, this penalty shall be increased to:

• 3 years in prison
• And €45,000 of a fine.

The author of the telephone harassment also incurs additional penalties (e.g. prohibition of professional activity or public service, prohibition of carrying a weapon, suspension of driving license).