Subsection 2: Recognition of judicial review decisions

Articles in this section · 14

696-70696-71696-72696-73696-74696-75696-76696-77696-78696-79696-80696-81696-82696-83

Article 696-73

French Code of Criminal ProcedureIn force
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Updated 7 Nov 2023

Recognition and enforcement of the judicial supervision order shall be refused in the following cases:

1° The certificate is not produced, is incomplete or clearly does not correspond to a judicial supervision order and has not been completed or corrected within the time limit set;

2° The conditions set out in Articles 696-50 to 696-52 are not fulfilled, in particular where, pursuant to 2° of Article 696-52, recognition of the decision is subject to France's consent and that consent has not been sought or has been refused ;

3° The decision to place the person under judicial supervision is based on offences for which the person placed under judicial supervision has already been finally judged by the French courts or by the courts of a State of the European Union other than the issuing State, provided that the sentence has been enforced, is in the process of being enforced or can no longer be enforced under the law of the State that handed down the sentence;

4° The decision is based on facts that do not constitute offences under French law.

However, this ground for refusal is not enforceable:

a) Where the decision to place the person under judicial supervision concerns an offence which, under the law of the issuing State, falls within one of the categories of offences mentioned in Article 694-32 and there is punishable by a custodial sentence or a custodial security measure of at least three years' imprisonment ;

b) Where the decision to place the person under judicial supervision concerns an offence relating to taxes, customs and foreign exchange, on the grounds that French law does not impose the same type of tax or does not contain the same type of regulation relating to taxes, customs and foreign exchange as the law of the issuing State;

5° The acts could have been judged by the French courts and the statute of limitations for the public prosecution has expired under French law on the date of receipt of the certificate;

6° The person placed under judicial supervision enjoys immunity in France which prevents the decision from being enforced;

7° The decision was made against a minor who was thirteen years old on the date of the acts.

Mariela Petrova

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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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