The Public Prosecutor (Ministério Público) brought charges of domestic violence against the defendant, “B” (name omitted from public record), for stalking his former girlfriend, the victim, “C” (name omitted from public record), after their relationship ended. Evidence produced during trial showed that B repeatedly sought to reconnect with C over the course of five months after the end of their relationship, which caused great anxiety and distress to C. Under Section 152 of the Portuguese Penal Code, domestic violence occurs whenever a defendant inflicts physical or psychological harm to a romantic partner or former partner. The District Court (Tribunal da Comarca) found the B not guilty of domestic violence. The Public Prosecutor appealed, and the Appellate Court (Tribunal da Relação) affirmed the District Court’s decision, holding that, although C did suffer anxiety from the attempts at contact made by B, B’s conduct was never humiliating, provocative, offensive or threatening, and therefore did not qualify as a crime of domestic violence.
Ministério Público v. [Undisclosed Parties], 1184/14.6PIPRT.P2