Chapter I: Flagrant crimes and offences

Articles in this section · 60

Article 64-1

French Code of Criminal ProcedureIn force

Updated 8 Nov 2023

Hearings of persons held in police custody for a crime, carried out on the premises of a police or gendarmerie service or unit carrying out a judicial police mission, shall be subject to audiovisual recording.

The recording may only be consulted, during the investigation or before the court of trial, if the content of the minutes of the hearing is contested, by decision of the investigating judge or the court of trial, at the request of the public prosecutor or one of the parties. The last eight paragraphs of Article 114 are not applicable. Where a party requests consultation of the recording, such request shall be made and the examining magistrate shall rule in accordance with the first two paragraphs of Article 82-1.

The dissemination by any person of a recording made pursuant to this article shall be punishable by one year's imprisonment and a fine of 15,000 euros.

At the end of a period of five years from the date on which the prosecution was terminated, the recording shall be destroyed within one month.

When the number of persons in police custody to be questioned simultaneously, in the course of the same or separate proceedings, makes it impossible to record all the hearings, the judicial police officer shall refer the matter without delay to the public prosecutor who shall designate, by written decision placed in the file, in the light of the requirements of the investigation, the person or persons whose hearings shall not be recorded.

When the recording cannot be made due to a technical impossibility, this is mentioned in the hearing report, which specifies the nature of this impossibility. The public prosecutor is immediately notified.

A decree shall specify, as necessary, the terms of application of this article.

Mariela Petrova

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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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