Chapter I: Flagrant crimes and offences

Articles in this section · 60

Article 63-2

French Code of Criminal ProcedureIn force

Updated 8 Nov 2023

I.-Any person placed in police custody may, at their request, have a person with whom they usually live or one of their direct relatives or one of their brothers or sisters informed by telephone of the measure taken against them. They may also notify their employer. Where the person in custody is of foreign nationality, he or she may have the consular authorities of his or her country contacted.

Unless there are insurmountable circumstances, which must be mentioned in the record, the steps incumbent on the investigators or, under their supervision, the investigation assistants pursuant to the first paragraph must be taken within three hours of the time when the person made the request at the latest.

The public prosecutor may, at the request of the judicial police officer, decide that the notification provided for in the first paragraph of this I will be deferred or will not be given if this decision is, in the light of the circumstances, essential in order to enable evidence to be gathered or preserved or to prevent a serious attack on the life, liberty or physical integrity of a person.

If police custody is extended beyond forty-eight hours, the postponement of the notice may be maintained, for the same reasons, by the liberty and custody judge or the investigating judge, except when the notice concerns consular authorities.

II.-The judicial police officer may authorise the person in police custody who so requests to communicate, in writing, by telephone or during an interview, with one of the third parties mentioned in I of this article, if it appears to the officer that such communication is not incompatible with the objectives mentioned in article 62-2 and that it is not likely to enable an offence to be committed.

In order to ensure the good order, safety and security of the premises in which the person is held in police custody, the officer or agent of the judicial police shall determine the time, procedures and duration of this communication, which may not exceed thirty minutes and shall take place under his supervision, if necessary in his presence or in the presence of a person he designates. If the request for communication concerns the consular authorities, the judicial police officer may not oppose it beyond the forty-eighth hour of police custody.

This II does not apply in the event of a request for communication with a third party who has been decided in application of the last two paragraphs of I of this article that he or she could not be notified of the police custody.

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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