Key points
- The issue: a husband accused his wife of stealing two bank cards and his identity card, followed by an attempt to make a withdrawal.
- Decision: The Amiens Criminal Court acquitted the defendant, as no investigative measures had been taken to verify the alleged facts.
- Outcome: The defendant was not convicted and the husband, as a civil claimant, had his claims for approximately €5,000 dismissed.
Complaint by husband without police investigation: wife prosecuted for theft is acquitted
On 17 September 2026 (case no. 26125000063), the Amiens Criminal Court acquitted a wife accused of theft by her husband, who was represented by Goldwin Avocats, specialists in criminal law. The complaint also alleged an attempted credit card fraud. The ruling applies to any person accused by a relative on the sole basis of a complaint.
Theft of bank cards between spouses: the charges
The husband accused his wife of taking two bank cards and his identity card in October 2025. He also accused her of attempting to withdraw money using one of these cards, which he characterised as attempted fraud (Article 313-1 of the Criminal Code). According to the definition of fraud in criminal law, this involves deceiving a person – in this case, the bank – in order to obtain funds. In principle, theft between spouses is not prosecuted. However, Article 311-12 of the Criminal Code removes this family immunity in the case of identity documents and means of payment, which are deemed essential for day-to-day life. The defendant, who had no previous convictions, was represented by Goldwin Avocats.
Acquittal: the court requires facts verified by the investigation
The Amiens Criminal Court acquitted the defendant, who had been accused of theft by her spouse, due to a complete lack of investigative action. The police had relied solely on the information provided by the complainant, without verifying that the cards had been taken or that an attempt had been made to withdraw money. The decision illustrates what an acquittal means in law: the defendant is found not guilty. It applies the presumption of innocence (preliminary article of the Code of Criminal Procedure): no one is guilty until the facts have been proven. Guilt must be proven, not innocence. The husband, as a civil party – that is, a victim seeking compensation before the criminal court – has had all his claims dismissed. He was claiming approximately €5,000 for non-pecuniary damage and his legal fees, which are recoverable under Article 475-1 of the Code of Criminal Procedure.
Accused of theft by one’s spouse: what the ruling changes
A complaint alone is not sufficient to secure a conviction: the court requires facts verified by the investigation. However, each situation is assessed on a case-by-case basis, depending on the evidence gathered by the investigators. The complaint triggers the investigation, not the conviction. If your partner files a complaint against you, take the following steps in this order:
- Keep your bank statements, messages and evidence of your daily routine.
- Seek legal representation as soon as you are interviewed by the police.
- Review the criminal case file before the hearing to identify any gaps in the evidence.
- At the hearing, challenge any facts that the investigation has not established.
If the complaint appears to you to be deliberately false, the rules for defending yourself against a false accusation may also apply.
Are you accused of theft or fraud by your partner? Contact one of our criminal lawyers in Paris to review your case before the hearing.
Frequently asked questions about theft between spouses
Yes, but only in certain cases, as Article 311-12 of the Criminal Code generally excludes prosecution for theft between spouses. This immunity does not apply to spouses who are legally separated or authorised to live apart, nor does it apply to identity documents or means of payment. Article 313-3 of the Criminal Code extends the same rule to fraud.
No: the public prosecutor has ten days in which to appeal against a judgment in a criminal trial in which both parties were heard (Article 498 of the Code of Criminal Procedure). The civil party may also lodge an appeal, but only in respect of their civil claims, that is to say, their compensation (Article 497). If no appeal is lodged within this time limit, the acquittal becomes final.
In theory, simple theft is punishable by three years’ imprisonment and a fine of €45,000 (Article 311-3 of the Criminal Code). Fraud, even if only attempted, is punishable by five years’ imprisonment and a fine of €375,000 (Articles 313-1 and 313-3). However, the court will only impose a sentence if the facts are proven.
Jonathan BELLAICHE
