Section 6: Mandates and their execution

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Article 122

French Code of Criminal ProcedureIn force
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Updated 8 Nov 2023

The examining magistrate may, depending on the case, issue a warrant for search, appearance, bringing in or arrest. The liberty and custody judge may issue a committal order.

A search warrant may be issued for a person in respect of whom there are one or more plausible grounds for suspecting that he has committed or attempted to commit an offence. It may not be issued in respect of a person who has been the subject of an indictment, an assisted witness or a person under investigation. It is the order given to the police to search for the person against whom it is issued and to place that person in police custody.

The warrant to appear, bring or arrest may be issued in respect of a person in respect of whom there is serious or corroborating evidence making it likely that he or she may have participated, as a perpetrator or accomplice, in the commission of an offence, including if that person is an assisted witness or a person under investigation.

The purpose of the appearance warrant is to give formal notice to the person against whom it is issued to appear before the judge on the date and at the time indicated by the warrant.

The warrant to bring is the order given to the police force to immediately bring before it the person against whom it is issued.

The arrest warrant is the order given to the public force to search for the person against whom it is issued and to bring him before it after having, if necessary, taken him to the arrest house indicated on the warrant, where he will be received and detained.

The examining magistrate is required to hear as assisted witnesses the persons against whom a warrant to appear, bring or arrest has been issued, unless they are indicted in accordance with the provisions of Article

116

. These persons may not be taken into police custody for the acts that gave rise to the issue of the warrant.

A committal order may be issued against an accused person who has been remanded in custody. It is the order given to the head of the prison to receive and detain the person against whom it is issued. This warrant also makes it possible to search for or transfer the person when he or she has been previously notified.

Mariela Petrova

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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.

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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

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15+ Years In Corporate Practice

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