Section 2: Jurisdiction and procedure before courts of first instance

Articles in this section · 8

Article 712-10

French Code of Criminal ProcedureIn force

Updated 7 Nov 2023

Jurisdictional competence lies with the sentence enforcement judge of the court within whose jurisdiction is located either the prison in which the sentenced person is imprisoned or, if the sentenced person is free, his habitual residence or, if he does not have a habitual residence in France, the sentence enforcement judge of the court within whose jurisdiction is located the court that ruled in the first instance.

When a work release or semi-liberty measure is to be carried out outside the jurisdiction of the enforcement judge who ordered it, the offender is entered in the prison register of the prison located near the place where the measure is to be carried out; the sentence enforcement judge with jurisdiction to, where applicable, specify or modify the terms of enforcement of the measure, order or propose its withdrawal, is that of the court within whose jurisdiction this prison is located.

Where home detention under electronic surveillance or conditional release has been granted, the sentence enforcement judge with territorial jurisdiction is that of the court within whose jurisdiction the sentenced person's place of assignment or habitual residence set by the decision granting the measure is located.

The territorial jurisdiction defined in this article is assessed on the day the matter is referred to the enforcement judge; after the initial referral, the latter may automatically relinquish jurisdiction, at the request of the sentenced person or at the request of the public prosecutor, in favour of the enforcement judge of the new place of detention or the new habitual residence of the sentenced person when it is located in another jurisdiction. The court responsible for enforcing sentences of the court of appeal within whose jurisdiction the convicted person usually resides, is imprisoned or is serving his sentence according to the distinctions made in this article, shall have territorial jurisdiction.

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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