French Law: Why Spouses May Not Be Prosecuted for Theft Within Marriage

Paris, France – A recent online video has brought to light a lesser-known aspect of French law concerning financial disputes within marriage. According to legal expert Ines et le Droit, certain offenses, including theft, blackmail, fraud, and extortion, are generally not criminally punishable when committed between married spouses. The video, which has garnered significant attention, explains that this concept, known as 'family immunity,' is enshrined in Article 311-12 of the French Penal Code. This means that if a spouse takes money, jewelry, or other shared property, the other spouse typically cannot file a criminal complaint or recover the items through criminal justice. However, the legal expert emphasized crucial exceptions to this immunity. Theft can be prosecuted if it involves 'strictly personal items' essential for daily life, such as bank cards, identity papers, checkbooks, or passports. Additionally, the immunity does not apply if the spouses are in the process of divorce or legal separation, and a judge has authorized separate residences through a non-conciliation order. In such cases, any theft committed after this judicial decision can lead to criminal prosecution. It was also highlighted that this family immunity is exclusive to married couples and does not extend to partners in cohabitation (concubinage) or civil partnerships (PACS). This legal nuance underscores the distinct implications of marital status under French law.