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Lawyers for the duke and duchess seek to prosecute unnamed agents for having "deliberately infringed the private life of another," which under Article 226-1 of the French Criminal Code could result in a fine of up to up to €45,000 for a person, or five times that for a company, or a year in jail. "It concerns the taking of photographs of the Duke and Duchess of Cambridge whilst on holiday and the publication of those photographs in breach of their privacy."īBC News reports that the criminal route is an unusual step in the French system, "where most aggrieved parties are content with the damages awarded by the civil courts." "We can confirm that a criminal complaint is to be made to the French Prosecution Department," said a palace spokeswoman. The palace said it would be up to French prosecutors to decide whether to investigate and pursue a criminal case for breach of privacy or trespassing. On Sunday, the palace added that the lawyers would file a criminal complaint against the unidentified photographer or photographers involved. James's Palace called the photos a "grotesque" invasion of the couple’s privacy.Īurelien Hamelle, French lawyer for the British royal couple, arrives in court in Nanterre on the outskirts of Paris on Monday. Kate had been sunbathing at a relative's chateau in Provence when the photos were taken with a long lens from hundreds of metres away. The photos were taken while the Duke and Duchess of Cambridge were on vacation at a relative's home in the south of France last month. The French suit did not deter Closer's Italian counterpart, Chi, from publishing an expanded spread of topless photos on Monday, which includes additional images not seen in the French series - including a shot of Kate putting sun cream on her backside.Ĭhi, which normally publishes on Wednesdays, fast-tracked the special edition to the first day of the week. Both publications are owned by Berlusconi's Mondadori publishing house. The magazine’s lawyer Delphine Pando said the Royal Family's reaction is overblown, and that topless photographs are not shocking in the context of a modern society. He asked that the original digital images be confiscated and that a fine of €10,000 (over $12,775 Cdn) be imposed for each day of non-compliance. The decision came after an hour of arguments by lawyers for the royal couple and Mondadori, the Italian publishing house that owns Closer.įrench lawyer Aurelien Hamel argued that the intimate images of his clients have no place on the front of a magazine, adding that the scenes could have only been captured with an intrusive long lens. The French court in Nanterre, on the outskirts of Paris, says it will decide on Tuesday whether to order an injunction halting further publication of the revealing photos of Prince William's wife Kate, which were originally published in French magazine Closer. Lawyers for the Royal Family are in court today hoping to stop further publication of topless photos of the Duchess of Cambridge - a legal battle that begins the same day a new 26-page montage of the images hits newsstands in Italy.