Chapter I: Flagrant crimes and offences

Articles in this section · 60

Article 61-1

French Code of Criminal ProcedureIn force

Updated 8 Nov 2023

Without prejudice to the specific guarantees applicable to minors, a person in respect of whom there are plausible grounds for suspecting that he has committed or attempted to commit an offence may not be heard freely on these facts until he has been informed:


1° The presumed description, date and place of the offence that he or she is suspected of having committed or attempted to commit;


2° The right to leave the premises where he or she is being heard at any time;


3° Where appropriate, the right to be assisted by an interpreter;


4° The right to make statements, to answer questions put to him or her or to remain silent;


5° If the offence for which he or she is being heard is a felony or misdemeanour punishable by imprisonment, the right to be assisted during his or her hearing or confrontation, in accordance with the procedures laid down in Articles 63-4-3 and 63-4-4, by a lawyer chosen by them or, at their request, appointed ex officio by the President of the Bar Association; they are informed that the costs will be borne by them unless they meet the conditions for access to legal aid, which they are reminded of by any means; they may expressly agree to continue the hearing without their lawyer being present;


6° Of the possibility of receiving legal advice, where appropriate free of charge, in a legal access centre.


The notification of information given pursuant to this article shall be mentioned in the official report.


If the course of the investigation allows, when a written summons is sent to the person with a view to his or her hearing, this summons shall indicate the offence of which he or she is suspected, his or her right to be assisted by a lawyer as well as the conditions of access to assistance for the intervention of a lawyer in non-judicial proceedings and to legal aid, the procedures for appointing a court-appointed lawyer and the places where he or she may obtain legal advice before this hearing.


This article does not apply if the person has been taken, under duress, by the police force before the judicial police officer.

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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