Subsection 3: Conditions for criminal prosecution

Aiding the illegal movement or residence of a foreign national may not give rise to criminal proceedings under articles L. 823-1 or L. 823-2 when committed by :1° The foreign national’s ascendants or descendants, their spouse, the foreign national’s brothers and sisters or their spouse;2° The foreign national’s spouse, the person known to be living in a marital relationship with him or her, or the ascendants, descendants, brothers and sisters…

For the application of the second paragraph of article L. 823-1 and article L. 823-2, the illegal situation of the foreign national is assessed in the light of the legislation of the State party concerned. Furthermore, proceedings may only be brought against the offender on the basis of an official report or a certificate from the competent authorities of the State party concerned.No proceedings may be brought against a person…