Subsection 3: Pre-trial detention

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Article 144

French Code of Criminal ProcedureIn force

Updated 8 Nov 2023

Pre-trial detention may only be ordered or extended if it is shown, in the light of the precise and detailed elements resulting from the proceedings, that it constitutes the sole means of achieving one or more of the following objectives and that these cannot be achieved in the case of placement under judicial supervision or house arrest with electronic surveillance:

1° To preserve evidence or material clues that are necessary to establish the truth;

2° To prevent pressure being put on witnesses or victims and their families;

3° To prevent fraudulent conspiracy between the person under investigation and his co-perpetrators or accomplices;

4° To protect the person under investigation;

5° Guarantee that the person under investigation remains at the disposal of the justice system;

6° Put an end to the offence or prevent its repetition;

7° Put an end to the exceptional and persistent disturbance of public order caused by the seriousness of the offence, the circumstances in which it was committed or the extent of the damage it has caused. This disturbance may not be the result solely of media coverage of the case. However, this paragraph does not apply in criminal cases.

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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