Section 2: Judicial police officers

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Article 16-1 A

French Code of Criminal ProcedureIn force

Updated 8 Nov 2023

When serving in the operational reserve of the national police or in the operational reserve of the national gendarmerie, civil servants of the national police and military personnel of the national gendarmerie who are active or retired and who have had the status of judicial police officer during their activity may, after updating their knowledge and once it is established that they meet the conditions of experience and aptitude required, retain the status of judicial police officer for a period of five years from the date of their retirement.


However, they may not effectively exercise the powers attached to their status as judicial police officers and may not use this status unless they are assigned to missions involving the exercise of these powers and pursuant to a decision by the public prosecutor at the court of appeal personally authorising them to do so.


The authorisation is issued by the public prosecutor at the court of appeal. The authorisation is issued by the public prosecutor at the court of appeal within whose jurisdiction the reservist's first assignment takes place. Subject to the first paragraph, it is valid for the entire duration of the reservist's commitment to the reserve, including in the event of a change of posting. The Attorney General may withdraw the authorisation or suspend it for a specified period.


A decree of the Conseil d'Etat defines the terms of the authorisation. A decree in the Conseil d'Etat will define the conditions for the application of this article.





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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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