Section 11: Settlement orders

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Article 179

French Code of Criminal ProcedureIn force
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Updated 8 Nov 2023

If the judge considers that the facts constitute an offence, he or she shall, by order, refer the case to the criminal court. This order shall specify, if applicable, that the accused benefits from the provisions of Article 132-78 of the Criminal Code.

The settlement order puts an end to pre-trial detention, house arrest with electronic surveillance or judicial supervision. If it has been issued, the arrest warrant retains its enforceability; if it has been issued, the warrants to bring or search cease to be enforceable, without prejudice to the possibility of the investigating judge issuing an arrest warrant against the accused.

However, the investigating judge may, by separate specially reasoned order, keep the accused in detention, under house arrest with electronic surveillance or under judicial supervision until he or she appears before the court. The reasons for the order to continue pre-trial detention shall be given by reference to 2°, 4°, 5° and 6° of Article 144.

The accused in custody is immediately released if the criminal court has not begun to consider the merits of the case by the end of a period of two months from the date either of the committal order or, in the event of an appeal, of the committal judgment against which no appeal has been lodged, of the judgment declaring the appeal inadmissible, of the non-admission order issued pursuant to the last paragraph of article 186 or of the judgment of the Criminal Division dismissing the appeal, or of the date on which he or she was subsequently remanded in custody.

However, if the hearing on the merits of the case cannot be held before the expiry of this period, the court may, exceptionally, by a decision stating the factual or legal reasons preventing the case from being heard, order the detention to be extended for a further two months. The accused must appear in person if he or his lawyer so requests. This decision may be renewed once in the same manner. If the accused has still not been tried at the end of this further extension, he is released immediately.

When it has become final, the order referred to in the first paragraph covers any procedural defects.

Mariela Petrova

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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.

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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.

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Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

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15+ Years In Corporate Practice

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