What some consider a law as a parent can actually constitute a crime punishable by fine and prison.
All parents put money aside for their children. Some do this from birth, others preciously keep the money collected during birthdays to offer it when the child becomes an adult. This small nest egg is particularly useful for predicting the future of this one, especially for his studies, to settle in his first apartment, to finance his driver’s license or simply to give oneself small pleasures or trips.
The problem is that the savings placed on his bank account like a booklet A for example, does not always last long in certain families. And it happens much more often than you think, especially during a conflictual divorce. It sometimes happens, in fact, that one of the parents pays part or the entire savings account after a separation, without the agreement of the other parent. And even in the event of a big blow to pay your bills, recover the amount and use your child’s account is risky. Indeed, contrary to popular belief, the money present on the bank accounts of minors belongs to them exclusively, whatever the origin of these funds: gifts, pocket money, inheritance or allowances. Parents certainly have the right to administer these accounts as part of parental authority, but administering does not mean appropriating. For current management acts, a single parent can decide, but to withdraw significant sums, the agreement of both parents is normally required according to the Civil Code.
The penal code usually protects families thanks to “family immunity” provided for in article 311-12, which stipulates that it “cannot give rise to criminal proceedings the theft committed by a person in the prejudice of his ascendant or his descendant”. However, this protection disappears “When the flight relates to objects or documents essential to the daily life of the victim”especially “Payment means” like bank cards. A parent who empties his child’s booklet or uses his bank card without authorization can therefore be prosecuted for theft or swindle.
Faced with such actions, children victims have several appeals to recover their money. They can first turn to their bank, because financial institutions have the obligation to verify that significant withdrawals are well authorized according to the rules of legal administration. If the bank failed in this obligation, it may be forced to reimburse the sums deducted improperly. In case of refusal, the child can file a complaint directly against his parents. Article 313-3 of the penal code specifies that “The provisions of article 311-12 are applicable to the crime of swindle”but with the same exceptions concerning the means of payment. This double legal protection allows children to assert their rights and to recover what legitimately belongs to them, even against their own parents.
