Section 2: Suspension and division of custodial sentences

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Article 720-1

French Code of Criminal ProcedureIn force

Updated 7 Nov 2023

In misdemeanour cases, where the convicted person still has to serve a prison sentence of two years or less, this sentence may, for medical, family, professional or social reasons and for a period not exceeding four years, be suspended or served in instalments, none of which may be less than two days. The decision is taken by the sentence enforcement judge under the conditions set out in article 712-6. This judge may decide to subject the sentenced person to one or more of the obligations or prohibitions provided for in articles 132-44 et 132-45 du code pénal.

When the split execution of the prison sentence has been decided by the trial court pursuant to Article 132-27 of the Penal Code, this decision may be modified under the conditions provided for in the previous paragraph.

The two-year threshold provided for in the first paragraph is increased to four years when the suspension for family reasons applies either to a convicted person exercising parental authority over a child under the age of ten who is ordinarily resident with that parent, or to a woman who is more than twelve weeks pregnant.

This article does not apply to persons convicted of one or more of the offences mentioned in articles 421-1 to 421-6 of the Criminal Code, excluding those defined in articles 421-2-5 to 421-2-5-2 of the same code.

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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