Section 7: Judicial supervision, house arrest and pre-trial detention

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Article 137-3

French Code of Criminal ProcedureIn force

Updated 8 Nov 2023

The liberty and custody judge rules by means of a reasoned order. When he orders or extends pre-trial detention or rejects an application for release, the order must include a statement of the legal and factual considerations on the inadequacy of the obligations of judicial supervision or house arrest with electronic surveillance and the reason for detention by reference solely to the provisions of the articles 143-1 et 144. In criminal cases, decisions extending pre-trial detention beyond eight months or rejecting an application for release concerning detention of more than eight months must also include a statement of factual considerations on the inadequacy of the obligations of house arrest with mobile electronic surveillance, provided for in the third paragraph of article 142-5 and in Article 142-12-1, or the electronic device provided for in Article 138-3, where this measure may be ordered in view of the nature of the offences charged.

In all cases, the order is notified to the person under investigation, who receives a full copy of it against signature in the proceedings file.

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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