What are the limits of family immunity in the event of non-reporting of a crime?

 

What are the limits of family immunity in the event of non-reporting of a crime?

 

In principle, the fact of not reporting to the authorities a crime of which one is aware constitutes the offence of non-denunciation of a crime. The penalty can be up to 3 years in prison and a fine of €45,000.

 

≠ However, the law provides for family immunity, i.e. an exception to this obligation for relatives in the direct line (parents, grandparents, children, grandchildren) and their spouses, brothers and sisters and their spouses and the spouses or cohabiting partners of the perpetrator or accomplice of the crime.

 

⮾ But this immunity is ruled out in 3 cases:

  1. crimes committed against a minor,
  2. terrorist crimes or crimes against the Nation (where the penalty for non-denunciation can be up to 5 years in prison and a fine of €75,000),
  3. deprivation, ill-treatment or sexual assault against minors or vulnerable people.

 

& Texts:

Articles 434-1, 434-2 and 434-3 of the Criminal Code.