Subsection 3: Termination of proceedings

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696-132

Article 696-132

French Code of Criminal ProcedureIn force
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Updated 7 Nov 2023

As soon as the procedure provided for in Article 696-114 appears to him to be complete, the Deputy European Public Prosecutor shall notify the parties and their lawyers in accordance with I of Article 175.

If the parties have made a request in accordance with III of the same Article 175, they have a period of one month, if an accused person is detained, or three months, in other cases, to send him observations in accordance with the procedures set out in the penultimate paragraph of Article 81 or to make requests or submit applications on the basis of the ninth paragraph of the same article 81, articles 82-1 and 82-3, of the first paragraph of Article 156 and the third paragraph of Article 173, provided that such applications or requests are not inadmissible under Articles 82-3 and 173-1. Once this time limit has expired, the parties may no longer make such observations or formulate or submit such requests or applications.

At the end of the time limit, the Deputy European Public Prosecutor shall then settle the case in the light of any observations made by the parties. He shall make his order in accordance with Articles 176 to 184, subject to the jurisdiction of the liberty and custody judge to, on the written and reasoned application of the Deputy European Public Prosecutor, order the person to remain under house arrest with electronic surveillance or in pre-trial detention.

In criminal matters, if it does not refer the person under investigation to the criminal court and if the conditions set out in article 180-1 are met, the Deputy European Public Prosecutor may propose that the prosecutor apply the procedure of appearance on prior acknowledgement of guilt, which he or she orders to be implemented.

If the conditions set out in Article 180-2 are met, the Deputy European Public Prosecutor may, by order, order the implementation of the procedure provided for in Article 41-1-2. In the cases mentioned in the last paragraph of Article 180-2, the procedure provided for in Article 696-114 is resumed with regard to the legal person.

The provisions of the first two paragraphs of this article shall also apply to the assisted witness.

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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