Subsection 1: Judicial supervision

Articles in this section · 16

Article 141-2

French Code of Criminal ProcedureIn force

Updated 8 Nov 2023

If the person under investigation voluntarily evades the obligations of judicial supervision, the examining magistrate may issue an arrest warrant or a warrant to bring him or her to trial. The investigating judge may also, under the conditions set out in the fourth paragraph of article 137-1, refer the matter to the liberty and custody judge for the purposes of remand in custody. Regardless of the prison sentence incurred, the liberty and custody judge may issue a committal order against this person with a view to remand in custody, subject to the provisions of Article 141-3.

If the person evades the obligations of judicial supervision while being referred to the trial court, the public prosecutor may, except in the case provided for by article 272-1, refer the matter to the juge des libertés et de la détention (liberty and custody judge) for the latter to issue an arrest warrant or a warrant to bring the person to trial. This magistrate is also competent to order, in accordance with the provisions of article 135-2, the remand in custody of the person concerned. The articles 141-4 and 141-5 are applicable; the powers conferred on the investigating judge by these same articles are then exercised by the public prosecutor.

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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