Kate and Prince William’s lawyers will appear in a French court on Monday to make a formal criminal complaint to the prosecutor over an invasion of their privacy.
The Duke and Duchess of Cambridge will ask France's criminal prosecutors to consider charging the photographer who took topless photographs of the Duchess.
The royal couple are already going to the civil courts seeking damages from the French Closer magazine and an injunction trying to curb the publication of the pictures elsewhere.
Kate and William showed no signs of strain as they talked with locals on the Solomon Islands
The magazine could face up to £36,000 in fines and editor could face up to to a year in prison. If found guilty, the magazine will be immediately withdrawn from sale.
Closer in France is published by the Mondadori media group, owned by former Italian prime minister Silvio Berlusconi, which also publishes Italian magazine Chi.
The gossip glossy has promised a 26-page special edition featuring images of the royal couple on holiday but the palace said no decision has been taken on separate legal proceedings in Italy. The injunction would not relate to the publication of images abroad.
Chi Magazine says is to print 50 pictures of the Duchess 'naked'
Chi’s promise to publish the pictures under the headline 'The Queen Is Nude' is particularly controversial as the magazine published the last pictures of Princess Diana before she died.
Alfonso Signorini, the editor of Chi, said: "The fact that these are the future rulers of England makes the article more interesting and topical.
Prince William joined in a kickabout on the Solomon Islands after telling a group of youngsters they should support his Premier League team Aston Villa
"This is a deserving topic because it shows in a completely natural way the daily life of a very famous, young and modern couple in love."
The case will be heard in Paris at the Tribunal de Grande Instance de Nanterre and is expected to be held in public.
French lawyer Aurelien Hamelle is representing the couple. He is the same lawyer who represented John Galliano, disgraced former Dior designer
The Irish Daily Star's decision to publish the pictures drew anger from its joint owners Northern and Shell and Independent News and Media (INM), which both denied responsibility.
Richard Desmond said he was taking immediate steps to close down the joint venture.
However the couple showed no sign of consternation whilst continuing their Diamond Jubilee tour.
The Duke and Duchess of Cambridge cut the ribbon to officially open the renovated Commonwealth Street in central Honiara, Solomon Islands
The Duke and Duchess of Cambridge did not bat an eyelid after meeting a group of topless South Pacific women who showcased their culture for the royals.
Wearing just a few banana leaves as a makeshift top the group performed a dance with men from their region.
The Duke of Cambridge proved he was a true Englishman today when he accepted the challenge of a penalty shoot-out against a 13-year-old goalkeeper - and lost.
William, who is president of the Football Association, joined in a kickabout on the Solomon Islands after telling a group of youngsters they should support his Premier League team Aston Villa.
The Duke was handed a cap and a football by the Islands' academy football team. As he tried the cap on, he said: "First time a baseball cap and a suit. Excellent."
He told one young footballer he should support Aston Villa - before revealing that his wifeKate is "not so keen on the football".
Earlier, he told how he had been inspired by young islanders as he addressed about 100 members of the Commonwealth Pacific Youth Programme inside a nearby hall.
Kate and William are on a Diamond Jubilee tour
He said: "I find it inspirational that young people like you, coming from all over the South Pacific, have chosen to become involved with the Commonwealth.
"We are its heirs and successors. We must take on the responsibility, the mantle of leadership for the future. I applaud you for being here, and I wish you well in your work in Honiara over these days.
"What you are doing, and the friendships that you make, are critical for your future as young leaders, both in your own countries and in the global family that is the Commonwealth."