Title VIII: Criminal records

Articles in this section · 28

Article 777-3

French Code of Criminal ProcedureIn force

Updated 7 Nov 2023

No interconnection within the meaning of the 3° of I of Article 33 of Law No. 78-17 of 6 January 1978 relating to information technology, files and freedoms may be made between the automated national criminal record and any other file or processing of personal data held by any person or by a State department not under the authority of the Ministry of Justice.

By way of derogation from the first paragraph, the national criminal record may receive data from a personal data file or processing system held by a government department in order to carry out the procedures provided for in this Title. Under conditions specified, on the one hand, by the decree in Council of State provided for in Article 779 and, on the other hand, where applicable, by the acts creating or authorising the processing concerned, it may also be interconnected with:

the centralised European data processing called "ECRIS-TCN";

the automated fingerprint file;

the processing necessary for the application of Regulation (EU) 2019/816 of the European Parliament and of the Council of 17 April 2019 and Council Framework Decision 2009/315/JHA of 26 February 2009 as amended by Directive (EU) 2019/884 of the European Parliament and of the Council of 17 April 2019 and the list of which is set by the Decree in Council of State provided for in Article 779.

No file or processing of personal data held by any person whatsoever or by a State department not dependent on the Ministry of Justice may mention, except in the cases and under the conditions provided for by law, judgments or rulings of conviction.

However, a criminal conviction may always be invoked in court by the victim of the offence.

Any breach of the foregoing provisions will be punishable by the penalties incurred for the offence provided for in article 226-21 du code pénal.

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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