Subsection 3: Pre-trial detention

Articles in this section · 25

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Article 148

French Code of Criminal ProcedureIn force
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Updated 8 Nov 2023

In any matter, a person remanded in custody or their lawyer may, at any time, request their release, subject to the obligations set out in Article 147. However, on pain of inadmissibility, no application for release may be made as long as the liberty and custody judge has not ruled on a previous application within the time limits provided for in the third paragraph of this article. Such inadmissibility shall apply ipso jure without being established by order of the investigating judge.

The application for release shall be addressed to the investigating judge, who shall immediately communicate the file to the public prosecutor for the purpose of making requisitions.

Unless he grants the request, the investigating judge must, within five days of the communication to the public prosecutor, forward it with his reasoned opinion to the liberty and custody judge. This judge shall rule within three working days, in an order containing a statement of the legal and factual considerations that form the basis of this decision by reference to the provisions of article 144. However, where an appeal against a previous order refusing release has not yet been decided, the aforementioned time limits do not begin to run until the competent court has handed down its decision. Where several requests for release have been made, these various requests may be answered within the aforementioned time limits by a single decision.

Release, when granted, may be accompanied by measures of judicial supervision.

If the liberty and custody judge fails to rule within the time limit set in the third paragraph, the person may refer his request directly to the investigating chamber which, on the written and reasoned application of the public prosecutor, shall rule within twenty days of the referral failing which the person shall be released automatically unless checks concerning his request have been ordered. The Public Prosecutor also has the right to refer the matter to the Investigating Chamber under the same conditions.

The Public Prosecutor's Office has the right to refer the matter to the Investigating Chamber under the same conditions.

Mariela Petrova

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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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