Section 5: Remote access to correspondence stored by means of electronic communications accessible by means of a computer identifier

Articles in this section · 4

Article 706-95

French Code of Criminal ProcedureIn force

Updated 7 Nov 2023

If the requirements of the investigation in flagrante delicto or the preliminary investigation relating to one of the offences falling within the scope of Articles 706-73 and 706-73-1 so require, the liberty and custody judge of the judicial court may, at the request of the public prosecutor, authorise the interception, recording and transcription of correspondence sent via electronic communications in accordance with the procedures set out in the second and last paragraphs of Article 100 and Articles 100-1 and 100-3 to 100-7, for a maximum period of one month, renewable once under the same conditions of form and duration. These operations are carried out under the control of the liberty and custody judge.

The provisions of article 100-8 are applicable to interceptions ordered pursuant to this article.

For the application of the provisions of articles 100-3 to 100-5 and 100-8, the powers entrusted to the examining magistrate or to the judicial police officer appointed by him are exercised by the public prosecutor or the judicial police officer requested by this magistrate.

The liberty and custody judge who authorised the interception shall be informed without delay by the public prosecutor of the acts carried out in application of the preceding paragraph, in particular of the reports drawn up in execution of his authorisation, by application of the articles 100-4 et 100-5.

Mariela Petrova

Need help applying this article to your situation?

A registered French Lawyer explains what applies to your business — in English, fixed fee.

within 48h

Fixed Fee

Talk to a lawyer
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

English · French · Russian

Ready When You Are

Talk To A Corporate
Lawyer In France.

A 20–30 minute call, in English, to scope the engagement. No obligation, no preliminary fee. You will leave the call with a clear view of what the work will cover and what it will cost.

First EngagementFixed Fee

Talk to a French lawyer.

Reply within 24 hours.

Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

Continue Reading

Related corporate services in France

01 / Setup

Setting up a French company

Choose between SAS, SARL, SA or SCI — and structure your first French entity around how you actually plan to operate.

Read More
02 / Operating

French commercial contracts

Distribution, agency, supply, services and IP licences — drafted around the protections French law actually gives.

Read More
03 / Disputes

Business disputes & litigation

Shareholder conflicts, commercial breaches and pre-litigation strategy — handled by the same team that knows the file.

Read More