Punishability of adultery by spouses

In the case of clause 1 and 2 of Article 1204, the innocent spouse is permitted to move the family council or institute criminal prosecution against the other spouse. § 1 - However, where there is repetition on the part of the offending spouse, the innocent spouse may institute criminal prosecution even though the family council has been moved. § 2 - When criminal prosecution is instituted against the wife and she is acquitted, she shall in law be deemed as separated as to her person and assets, and she may apply, without the need of any document other than the judgment of acquittal, that by way of execution proceedings, separation, and delivery of the assets belonging to her, be made. § 3 - Where the spouse institutes criminal prosecution, what is provided in clause 3 of Article 1207 shall be observed and for such purpose the family council shall be convened in terms of Article 1206.