"We can confirm that a criminal complaint is to be made to the French Prosecution Department tomorrow (Monday)," a St James's Palace spokeswoman said, adding that the action was in addition to civil proceedings against French magazine Closer.
"The complaint concerns the taking of photographs of the The Duke and Duchess of Cambridge whilst on holiday and the publication of those photographs in breach of their privacy," she said.
The spokeswoman said the royal couple want criminal charges to be made against the photographer who took the photos as well as the magazine which published them.
She said it would be up to French prosecutors to decide whether to investigate and pursue the complaint.
Earlier the Palace said it would seek an injunction at a court hearing in the Paris suburb of Nanterre on Monday to prevent further publication of the grainy paparazzi-style pictures before taking further civil action for damages.
In a fresh blow to the royal couple the images appeared again in Saturday's Irish Daily Star.