Section 10: Invalidity of information

Articles in this section · 8

Article 174

French Code of Criminal ProcedureIn force

Updated 8 Nov 2023

When a case is referred to the Investigating Chamber on the basis of Article 173 or Article 221-3, all pleas alleging the invalidity of the proceedings referred to it must, without prejudice to its right to raise them of its own motion, be submitted to it. Failing this, the parties shall no longer be entitled to raise them, except in cases where they could not have been aware of them.

The Investigating Chamber shall decide whether the annulment should be limited to all or part of the acts or documents of the vitiated proceedings or extend to all or part of the subsequent proceedings and shall proceed as provided for in the third paragraph of Article 206.

The annulled acts or documents shall be removed from the information file and filed at the registry of the Court of Appeal. The acts or documents of the proceedings that have been partially annulled shall be cancelled after a certified copy of the original has been drawn up, which shall be filed at the registry of the court of appeal. It is forbidden to draw any information against the parties from the annulled acts and documents or parts thereof, on pain of disciplinary proceedings for lawyers and magistrates.

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

English · French · Russian

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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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