Section 5: Judicial measures to prevent recidivism in terrorism and rehabilitation

Articles in this section · 7

Article 706-25-16

French Code of Criminal ProcedureIn force

Updated 7 Nov 2023

I.-Where a person has been sentenced to an unsuspended custodial sentence of five years or more for one or more of the offences referred to in Articles 421-1 to 421-6 of the Criminal Code, excluding those defined in articles 421-2-5 and 421-2-5-1 of the same code, or for a period of three years or more where the offence was committed as a repeat offender, and it is established, following a re-examination of his situation at the end of his sentence, that this person is particularly dangerous, characterised by a very high probability of re-offending and by persistent adherence to an ideology or theses inciting the commission of acts of terrorism, thereby hindering his or her rehabilitation, the Paris Sentence Enforcement Court may, at the request of the Anti-Terrorism Public Prosecutor, order, for the sole purpose of preventing recidivism and ensuring rehabilitation, a judicial measure to prevent recidivism and ensure rehabilitation.

The decision defines the conditions for health, social, educational, psychological or psychiatric care designed to enable the person concerned to be reintegrated and to acquire the values of citizenship. Where appropriate, this care may be provided within a suitable reception facility.

The decision may require the person concerned to carry out a professional activity or to follow vocational education or training; it may also prohibit him or her from engaging in the activity in the exercise or on the occasion of which the offence was committed.

The decision specifies the conditions under which the person concerned must provide the prison integration and probation service with information or documents to enable it to monitor their means of subsistence and the fulfilment of their obligations, and respond to summonses from the sentence enforcement judge or the prison integration and probation service. It may also require the offender to establish residence in a specific place.

The obligations to which the person concerned is subject are implemented by the sentence enforcement judge of the Paris judicial court, assisted by the prison integration and probation service, where appropriate with the help of organisations authorised for this purpose.

II.-The Paris Sentence Enforcement Court may only impose the judicial measure for the prevention of terrorist re-offending and reintegration once it is satisfied that the convicted person has been given the opportunity, during the execution of his sentence, to benefit from measures likely to promote his reintegration.

III.-The judicial measure for the prevention of terrorist re-offending and rehabilitation provided for in I may be ordered for a maximum period of one year. At the end of this period, the measure may be renewed at the request of the anti-terrorist public prosecutor by the Paris enforcement court, after receiving the opinion of the multi-disciplinary committee on security measures provided for in Article 763-10, for no more than the same period, including periods of suspension, up to a maximum of five years or, where the offender is a minor, up to a maximum of three years. Each renewal is subject to the existence of new or additional elements that specifically justify it.

IV.-The measure provided for in I may only be ordered if it appears strictly necessary to prevent re-offending and ensure the rehabilitation of the person concerned. It is not applicable if the person has been sentenced to socio-judicial supervision pursuant to Article 421-8 of the Criminal Code or if they are subject to a judicial supervision measure provided for in Article 723-29 of this code, a security surveillance measure provided for in article 706-53-19 or a detention order provided for in Article 706-53-13.

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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