On March 31, 2007, the law criminalizing persistent stalking came into effect. The primary focus of this work is to methodically examine and evaluate its core element, the newly amended § 238 of the Criminal Code, from a substantive criminal law perspective. After clarifying the terminology "stalking" in its social context, the first legal step is to review how protection against stalking or harassing behavior was ensured or could be obtained under the old or previous legal framework. This is followed by a second legal step, which is the main focus of the work: a critical examination and evaluation of the revised stalking offense, with particular attention to its constitutionally compliant design. Finally, the legislative intent will be addressed.