Before testifying, the witness must take an oath to tell the truth. The judge asks the witness to raise their right hand and say "I swear."
Family members are allowed to testify at the trial of their relatives. Children, parents, brothers, sisters, spouses, etc., are not disqualified from testifying in trials in which their relative is involved.
However, the spouse is only allowed to testify if they have no personal interest in the outcome of their spouse's litigation. A spouse would have such an interest if the spouses were married under the regime of legal community and one had an obvious financial interest in the outcome of the other's litigation.
The only exception is that descendants (i.e., children and grandchildren), as well as their spouses or cohabitants, can never testify in relation to grievances invoked by spouses in relation to a divorce application.In principle, a minor can testify. It is up to the judge to assess, on a case-by-case basis, whether the minor has sufficient discernment to testify in court, taking into account the age of the child, their maturity, their degree of understanding, the circumstances of the case and the nature of the dispute.
Where appropriate, the judge may also hear the minor without swearing an oath. This procedure allows the judge to take statements from the child without being bound by them. In penal matters, children under 15 years old are always heard without being sworn in.A person who commits assault and battery on their son/daughter who is 14 years old or older will be sentenced as follows: (i) to six months to five years of imprisonment; and (ii) to a fine of EUR 251 to EUR 5,000 (Article 409 of the Criminal Code).
A person who commits assault and battery on their son/daughter who is under 14 years old will be sentenced as follows: (i) to three to five years of imprisonment; and (ii) to a fine of EUR 251 to EUR 5,000 (Article 401-bis of the Criminal Code).
These penalties may be higher where there are aggravating circumstances, particularly if the assault and battery causes illness.If the evicted person enters or attempts to enter the home or its outbuildings despite an eviction order, they will be subject to the penal sanctions provided for in Article 439 of the Criminal Code (imprisonment from six months to two years and a fine from EUR 251 to EUR 3,000).
If the entry or attempted entry is made with either threats or violence against any person, by means of breaking and entering, climbing or using false keys, or even by means of keys or other devices designed for opening doors, the maximum fine will be increased to EUR 5,000 and the maximum prison sentence will be increased to five years.