Section 1: General provisions

Articles in this section · 19

Article 82

French Code of Criminal ProcedureIn force

Updated 8 Nov 2023

In his opening submissions, and at any time during the investigation by supplementary submissions, the public prosecutor may request the investigating magistrate to perform any acts that he deems useful for ascertaining the truth and to take any necessary security measures. He may also ask to be present at the performance of the acts he requires.

To this end, he may have the proceedings communicated to him, on condition that he returns them within twenty-four hours.

If he requests that the person under investigation be remanded in custody or kept in custody, his requests must be in writing and reasoned by reference only to the provisions of

article 144

.

If the investigating judge does not follow the Public Prosecutor's requests, he must, without prejudice to the application of the provisions of

Article 137-4

, make a reasoned order within five days of these submissions.

Failing an order from the investigating judge, the public prosecutor may, within ten days, refer the matter directly to the investigating chamber. The same applies if the juge des libertés et de la détention (liberty and custody judge), referred to by the investigating judge, does not issue an order within ten days of his referral.

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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