Section 4: Common provisions

Articles in this section · 12

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Article 712-22-1

French Code of Criminal ProcedureIn force
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Updated 7 Nov 2023

When a person placed under the supervision of the sentence enforcement judge has been convicted of a crime or an offence mentioned in

article 706-47

, this judge may, ex officio or at the request of the public prosecutor, order that a copy of the sentencing decision or the decision to adjust the sentence, of conditional release, judicial supervision or security surveillance is sent to the person with whom the convicted person establishes residence if this appears necessary to prevent re-offending.

When the person convicted of one of the offences mentioned in the first paragraph of this article is enrolled or is due to continue his education in a public or private school, a copy of the decision is, in all cases, sent by the sentence enforcement judge to the academic authority and, where applicable, to the head of the school concerned; the sentence enforcement judge also informs these authorities of decisions modifying the obligations imposed on the convicted person that have an impact on the place or method of the convicted person's education.

Persons to whom decisions have been forwarded in application of the second paragraph may only disclose the information thus obtained to staff responsible for security and order in the establishment and, where applicable, in the structures responsible for accommodating the pupils and to professionals, subject to professional secrecy, who are responsible for the social and health monitoring of the pupils. The sharing of this information is strictly limited to what is necessary for the performance of their duties.

Without prejudice to the provisions of Article 226-13 of the Penal Code punishing the breach of professional secrecy, the fact, for persons to whom decisions have been transmitted in application of this article or who have had knowledge of the information they contain in application of the penultimate paragraph, to communicate these decisions or their content to third parties not authorised to share this information is punishable by a fine of €3,750.

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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