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Criminal prosecution for
Droit Immobilier

Criminal prosecution for

📅 Decision of 21 August 2026🔄 Updated on 11 October 2026⚖️ Cour de cassation👁️ 3 views📖 2 min read

The criminal prosecution for wilful concealment of sums liable to tax and the administrative procedure for determining the basis and extent of the tax assessments are, by their nature and purpose, different and independent from one another (1). A judgment does not justify its conviction decision when it declares a defendant guilty of wilful concealment of sums liable to various direct taxes and value added tax, basing the existence of such concealment solely on the assessments which the tax authority was led to make, under its own procedures for establishing tax base values with a view to ex officio reassessment (2).

Reference decision: cc • N° 75-91.792 • 1976-05-12 • View decision →

This decision sheds important light on your property law. Here is what it changes for you.

The situation

The criminal prosecution for wilful concealment of sums liable to tax and the administrative procedure for determining the basis and extent of the tax assessments are, by their nature and purpose, different and independent from one another (1). A judgment does not justify its conviction decision when it declares a defendant guilty of wilful concealment of sums liable to various direct taxes and value added tax, basing the existence of such concealment solely on the assessments which the tax authority was led to make, under its own procedures for establishing tax base values with a view to ex officio reassessment (2).

What the law says

This decision confirms the fundamental principles of property law.

Key takeaways

  • Strictly comply with the statutory time limits for appeals
  • Keep all your supporting documents (title deeds, instruments, correspondence)
  • Be proactive: preventive advice always costs less than litigation

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.

📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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Legal information

  • Number: 75-91.792
  • Court: Cour de cassation

Keywords

droit immobilierjurisprudenceimmobilier
Maître Cécile Zakine

About the author

Maître Cécile Zakine — Lawyer at the Alpes-Maritimes Bar, Doctor of Law. Every article in this magazine is based on the analysis of a real court decision, commented and put into perspective by Maître Zakine’s team.

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Disclaimer: The analysis presented on this site is for informational purposes only and does not constitute personalised legal advice. For advice tailored to your situation, contact a qualified lawyer.

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