Chapter I: Flagrant crimes and offences

Articles in this section · 60

Article 74-2

French Code of Criminal ProcedureIn force

Updated 8 Nov 2023

Officers of the judicial police, assisted where necessary by agents of the judicial police, may, on the instructions of the public prosecutor, carry out the acts provided for in the Articles 56 to 62 for the purpose of searching for and discovering a person who is absconding in the following cases:

1° A person who is the subject of an arrest warrant issued by the investigating judge, the liberty and custody judge, the investigating chamber or its president or the president of the assize court, while he is being referred to a trial court;

2° A person who is the subject of an arrest warrant issued by a trial court or by the sentence enforcement judge ;

3° Person sentenced to an unsuspended custodial sentence of one year or more or to a custodial sentence of one year or more resulting from the revocation of a suspended sentence with or without probation, where this sentence is enforceable or has become res judicata;

4° Person registered in the automated national judicial file of perpetrators of terrorist offences who has failed to comply with the obligations set out in Article 706-25-7;

5° Person entered in the automated national judicial file for perpetrators of sexual or violent offences who has failed to comply with the obligations provided for in l'article 706-53-5 ;

6° A person who has been the subject of a decision to withdraw or revoke the adjustment of a sentence or release under constraint, or a decision to enforce the imprisonment provided for by the trial court in the event of a breach of the obligations and prohibitions resulting from a sentence, where this decision results in the enforcement of a quantum or remainder of a prison sentence of more than one year.

If the needs of the investigation to find the fugitive 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 by telecommunications in accordance with the procedures laid down in the articles 100,100-1 and 100-3 to 100-7, for a maximum period of two months, renewable under the same conditions of form and duration, up to a maximum of six months in criminal cases. These operations are carried out under the authority and control of the juge des libertés et de la détention.

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

The juge des libertés et de la détention shall be informed without delay of acts performed in application of the preceding paragraph.

If the needs of the investigation to find the fugitive so require, sections 1,2 and 4 to 6 of Chapter II of Title XXV of Book IV shall apply when the person concerned has been the subject of one of the decisions mentioned in 1° to 3° and 6° of this article for one of the offences mentioned in Articles 706-73 and 706-73-1.

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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