Stalking is the obsessive and illegal pursuit of an individual, which can manifest as constant phone calls, messages, appearing near their home or workplace, tracking through social media, or other actions that cause the victim fear, anxiety, and a feeling that their safety is under threat.

Such behavior may not involve physical violence, but it still negatively impacts people's mental health and peace of mind. As a result of the psychological consequences, victims may develop anxiety, stress, depression, and even long-term health disorders.

HOW THE WORLD IS COMBATING IT

In many countries, stalking is officially considered a criminal offense:

In the United States, stalking is a crime, and victims receive protection through restraining orders and criminal cases.

In the United Kingdom, authorities conduct independent reviews of stalking legislation to strengthen protection for victims and improve the effectiveness of law enforcement measures.
In Australia, courts issue serious convictions for cases of stalking people online and in real life.

THE SITUATION IN KAZAKHSTAN

In Kazakhstan, stalking has been officially recognized as a criminal offense since July 2025, following the introduction of new Article 115-1 into the Criminal Code. This concept covers any unlawful pursuit where a person tries to establish contact or tracks another person against their will and causes them harm.

The following penalties are provided for such actions:

1. A fine of up to 200 MCI (Monthly Calculation Index);
2. Community service of up to 200 hours;
3. Arrest for up to 50 days.

Law enforcement agencies have called on citizens to report cases of stalking to the police, and also reminded them: refusal expressed by another person must be respected unconditionally.

The first criminal cases were initiated in early 2026. In Petropavl, the first sentence in Kazakhstan in a stalking case was handed down. A 37-year-old man was found guilty of months-long stalking of a woman and was sentenced to 100 hours of community service. The court also prohibited him from any contact with the victim and ordered him to report to the police for preventive talks.

The problem of stalking is increasingly being discussed not only on social networks but also at the legislative level. To understand where the line between obsessive attention and a crime lies, and how victims are protected today, we asked several questions to experts.

Daniyar SARSENOV, Lawyer, Member of the Almaty City Bar Association

– Should people who stalk their victims be imprisoned or forcibly treated in psychiatric hospitals?

– First and foremost, one must proceed from the provisions of the Criminal Code of the Republic of Kazakhstan. Article 115-1 of the Criminal Code of the Republic of Kazakhstan provides for various types of punishment for stalking: a fine, correctional labor, community service, or arrest for up to fifty days.

This means that the legislator has classified this act as a minor offense, and the issue of the specific measure of punishment is decided by the court on an individual basis – taking into account the circumstances of the case, the identity of the perpetrator, the degree of public danger, and the consequences for the victim.

Regarding compulsory treatment, it is important to understand: this is not an "alternative punishment by choice," but a separate legal measure. It is applied exclusively in the presence of a mental disorder established by a forensic psychiatric examination, and only by court verdict.

If the person is found sane, criminal punishment is applied. If insanity or a disorder dangerous to others is established, the court may order compulsory medical measures.

Thus, the question of "jail or treat" is decided strictly within the framework of the law and based on expert opinions.

– Are the penalties provided for in Article 115-1 of the Criminal Code of the Republic of Kazakhstan sufficient to deter offenses?

– Article 115-1 of the Criminal Code is relatively new; the legislator introduced it in 2025, and law enforcement practice under it is still being formed. The legislator provided for a flexible system of punishments, allowing the court to individualize responsibility – from a fine to arrest.

It is also important to consider that in some cases, the actions of the stalker may escalate into more serious crimes. In such situations, the qualification will be different, and the sanctions significantly stricter.

– What evidence is key in such cases today: correspondence, witness testimony, digital traces?

– In criminal cases, the court evaluates evidence in its entirety – the law does not establish the priority of one type of evidence over another.

In modern conditions, digital evidence often plays a key role: correspondence in messengers, emails, call recordings, screenshots, data from communication operators, video recordings from surveillance cameras. Witness testimony and expert opinions are also significant.

Thus, it is the totality and sufficiency of evidence that will indicate a person's guilt or innocence.

Jokhar UTEBEKOV, Lawyer, Member of the Almaty City Bar Association

– In the West, compulsory psychological correction for stalkers is widely practiced, under the threat of revoking a suspended sentence. There is a clear understanding there that stalkers need to be treated.

In our country, a criminal court can order psychological correction for a stalker. But I doubt that this will become widespread and that we have the trained personnel and infrastructure for it. The penalty for evading it is only 10 days of administrative arrest (Part 2, Article 669 of the Administrative Code). 

Unfortunately, in our country, stalking isn't even classified as a crime. It's merely a criminal misdemeanor with a maximum penalty of arrest for a period of 10 to 50 days.

In developed countries, stalkers face several years of imprisonment. It is obvious that our penalties also need to be toughened, depending on the fear experienced by the stalking victim, the domestic consequences such as forced change of residence, job, etc., the use of violence by the stalker, and so on.

Prepared by Beibarys ANSAGAN