Title XXI bis: Protection of persons benefiting from exemptions or reductions in penalties for having prevented the commission of offences, for having stopped or mitigated the damage caused by an offence, or for having identified the perpetrators or accomplices of offences

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Article 706-63-1

French Code of Criminal ProcedureIn force

Updated 7 Nov 2023

The persons mentioned in Article 132-78 of the Penal Code shall, where necessary, be subject to protection designed to ensure their safety. They may also benefit from measures designed to ensure their reintegration.

If necessary, these persons may be authorised, by reasoned order issued by the president of the judicial court, to use an assumed identity.

The fact of revealing that a person is using an assumed identity in application of this article or revealing any element enabling his or her identification or whereabouts is punishable by five years' imprisonment and a fine of 75,000 euros. If the direct or indirect consequence of this disclosure is violence against this person or their spouse, children or direct ascendants, the penalties are increased to seven years' imprisonment and a fine of €100,000. The penalties are increased to ten years' imprisonment and a fine of €150,000 if the direct or indirect consequence of this revelation is the death of this person or their spouse, children or direct ascendants.

The protection and reintegration measures are defined, at the request of the public prosecutor, by a national commission whose composition and operating procedures are defined by decree in the Conseil d'Etat. This commission sets the obligations that the person must fulfil and monitors the protection and reintegration measures, which it may modify or terminate at any time. In an emergency, the relevant departments take the necessary measures and inform the national commission without delay.

The provisions of this article also apply to the family members and close friends of the persons mentioned in article 132-78 of the Penal Code.

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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