Section 5: Interrogations and confrontations

Articles in this section · 11

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Article 115

French Code of Criminal ProcedureIn force
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Updated 8 Nov 2023

At any time during the investigation, the parties may inform the examining magistrate of the name of the lawyer chosen by them; if they appoint several lawyers, they must indicate which of them will be sent summonses and notifications; failing this choice, these will be sent to the lawyer first chosen.

Except where this is the first appointment of a lawyer by a party or where the appointment is made during an examination or hearing, the choice made by the parties pursuant to the previous paragraph must be declared to the clerk of the examining magistrate. The declaration must be recorded and dated by the court clerk, who signs it together with the party concerned. If the party is unable to sign, this is noted by the court clerk. Where the party does not reside within the jurisdiction of the court with jurisdiction, the declaration to the court clerk may be made by registered letter with acknowledgement of receipt.

Where the person under investigation is detained, the choice made by him pursuant to the first paragraph may also be declared to the head of the prison. This declaration is recorded and dated by the head of the prison, who signs it together with the detainee. If the detainee is unable to sign, this is noted by the head of the establishment. The original or a copy of this document, by any means, is sent without delay to the clerk of the examining magistrate. The appointment of the lawyer takes effect from receipt of the document by the court clerk.

Where the person under investigation is detained, the choice may also result from a letter appointing a lawyer to defend him. The statement provided for in the second paragraph must then be made by the appointed lawyer; the latter gives the court clerk a copy, in full or in part, of the letter sent to him or her, which is attached by the court clerk to the statement. The accused must confirm his choice within fifteen days in one of the ways provided for in the second and third paragraphs. During this period, the designation is deemed to be effective.

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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