Chapter I: Flagrant crimes and offences

Articles in this section · 60

Article 53

French Code of Criminal ProcedureIn force

Updated 8 Nov 2023

A felony or misdemeanour is defined as a felony or misdemeanour that is currently being committed or has just been committed. There is also a crime or offence in flagrante delicto when, at a time very close to the action, the suspected person is pursued by public clamour, or is found in possession of objects, or presents traces or evidence, leading to the belief that he has participated in the crime or offence.

Following the discovery of a crime or offence in flagrante delicto, the investigation conducted under the control of the public prosecutor in accordance with the conditions laid down in this chapter may continue without interruption for a period of eight days.

When investigations necessary to establish the truth of a crime or misdemeanour punishable by a sentence of five years' imprisonment or more cannot be deferred, the public prosecutor may decide to extend the investigation, under the same conditions, for a maximum period of eight days.

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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