Sub-title II: Courts with jurisdiction to prosecute, investigate and try crimes against humanity and war crimes and offences

Articles in this section · 12

Article 628-6

French Code of Criminal ProcedureIn force

Updated 7 Nov 2023

Any order made on the basis of articles 628-2 or 628-3 by which an examining magistrate decides whether or not to relinquish jurisdiction or the Paris examining magistrate decides whether or not he has jurisdiction may, to the exclusion of any other remedy, be referred within five days of notification, at the request of the Public Prosecutor or the parties, to the Criminal Division of the Cour de Cassation, which shall designate, within eight days of receipt of the file, the court responsible for continuing the investigation. The public prosecutor may also refer the matter directly to the criminal chamber of the Cour de cassation where the investigating judge has not made his order within the one-month period provided for in the first paragraph of Article 628-2.

The criminal chamber which finds that the investigating judge of the Paris judicial court does not have jurisdiction may nevertheless, in the interests of the proper administration of justice, decide that the information shall be continued at that court.

The judgment of the criminal chamber shall be brought to the attention of the investigating judge and the public prosecutor and served on the parties.

This article shall apply to a judgment given on the basis of the last paragraph of articles 628-2 and 628-3 by which an investigating chamber rules on its relinquishment of jurisdiction or competence.

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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