Subtitle I: Public and civil proceedings

Articles in this section · 42

Article 10

French Code of Criminal ProcedureIn force

Updated 8 Nov 2023

When the civil action is brought before a criminal court, it is time-barred according to the rules of the public action. When it is brought before a civil court, it is time-barred according to the rules of the Civil Code.

When the public action has been decided, the investigative measures ordered by the criminal court on civil interests alone obey the rules of civil procedure.

Where the criminal court has failed to rule on one or more claims by a civil party who has been duly constituted, the latter may refer the matter back to the court for a ruling on its claim in accordance with articles 710 and 711. The presence of the public prosecutor at this hearing is optional.


When the mental or physical state of a person summoned or referred to a court of first instance makes it permanently impossible for him or her to appear in person under conditions enabling him or her to defend himself or herself and the limitation period for the prosecution is thus suspended, the president of this court may, of his or her own motion or at the request of the public prosecutor or the parties, decide, after ordering an expert report to establish this impossibility, that a public hearing will be held to rule solely on the civil action. The person must then be represented at this hearing by a lawyer.

Mariela Petrova

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Common Questions

Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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