Section 1: General provisions

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Article 308

French Code of Criminal ProcedureIn force
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Updated 8 Nov 2023

From the opening of the hearing, the use of any sound recording or broadcasting equipment, television or cinema cameras, or photographic equipment is prohibited on pain of an 18,000 euro fine, which may be imposed under the conditions set out in Title VIII of Book IV.

However, the proceedings of the assize court are subject to sound recording under the supervision of the president when the assize court is ruling on an appeal, unless all the accused expressly waive this requirement; when the assize court is ruling at first instance, the president may, of his own motion or at the request of the public prosecutor or the parties, order this recording. The president may also, at the request of the victim or the civil party, order that the hearing or statement of the latter be subject to an audiovisual recording, under the same conditions.

The media of this recording are placed under seal and deposited at the registry of the assize court. The recording may be placed under digital seal in accordance with procedures defined by order.

The audiovisual sound recording may be used before the assize court, until the judgment is delivered; if it is used during the deliberation, the formalities provided for in the third paragraph of article 347 shall apply. The sound or audiovisual recording may also be used before the Assize Court ruling on appeal, before the Court of Revision and Reconsideration hearing an application for revision, or, after cassation or annulment on an application for revision, before the referring court.

The seals shall be opened by the first president or by a magistrate delegated by him, in the presence of the convicted person assisted by his lawyer, or them duly summoned, or in the presence of one of the persons referred to in 4° of article 622-2, or they duly summoned.

After presentation of the seals, the first president shall arrange for an expert to transcribe the recording, which shall be attached to the record of the proceedings.

The provisions of this article are not prescribed on pain of nullity of the proceedings; however, the failure to make a sound recording, where this is compulsory pursuant to the second paragraph, shall constitute grounds for setting aside the judgment of conviction if it is established that it had the effect of prejudicing the interests of the convicted person.

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.

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.

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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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