Section 2: Decisions on public action

Articles in this section · 5

Article 367

French Code of Criminal ProcedureIn force

Updated 8 Nov 2023

If the accused is exempted from punishment or acquitted, if he is sentenced to a penalty other than a firm custodial sentence, or if he is sentenced to a firm custodial sentence covered by pre-trial detention, he shall be released immediately if he is not being held for any other reason.

In other cases, if the accused is sentenced to a term of criminal imprisonment as long as the judgment is not final and, if applicable, during the appeal proceedings, the judgment of the assize court shall be deemed to be a detention order until the period of detention has reached that of the sentence pronounced, without prejudice to the accused's right to request his release in accordance with the provisions of articles 148-1 and 148-2. Where the accused is not in custody at the time the judgment is rendered and is sentenced to imprisonment, the court may, by special reasoned decision, decide to issue a committal order, with immediate or deferred effect, if the elements of the case justify a particular security measure.

The court may, by special reasoned decision, decide to issue a committal order against the person remanded for a related offence who is not in custody at the time the judgment is handed down, if the sentence pronounced is greater than or equal to one year's imprisonment and if the elements of the case justify a special security measure. If the sentence handed down is more than six months, the court may also issue a deferred committal order.

Penal sanctions imposed pursuant to Articles 131-6 to 131-11 of the Penal Code may be declared provisionally enforceable.

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

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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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