Section 1: General provisions

Articles in this section · 19

Article 83-1

French Code of Criminal ProcedureIn force

Updated 8 Nov 2023

Where the seriousness or complexity of the case justifies it, the information may be the subject of a co-investigation in accordance with the procedures laid down in this article.

The president of the judicial court in which there is an investigating division or, if he is prevented from doing so, the magistrate who replaces him shall designate, as soon as the investigation is opened, ex officio or if the public prosecutor so requests in his introductory indictment, one or more investigating judges to be deputies to the investigating judge in charge of the investigation.

At any time during the proceedings, the president of the judicial court may appoint one or more co-investigating judges either at the request of the investigating judge or, if that judge agrees, ex officio or at the request of the public prosecutor or at the request of the parties lodged in accordance with the provisions of the penultimate paragraph of Article

81

. The parties may not renew their request for six months. Within one month of receiving the request, the President appoints one or more investigating judges to assist the judge in charge of the investigation. For the application of this paragraph, when the investigation has been opened in a court where there is no investigating division, the president of the judicial court where the territorially competent division is located shall designate the investigating judge in charge of the investigation as well as the co-investigating judge or judges, after the investigating judge initially seised has relinquished jurisdiction in favour of the division; this relinquishment of jurisdiction shall take effect on the date on which the judges of the division are designated.

Where it is not ordered in the manner provided for in the preceding paragraph, in the absence of the agreement of the judge in charge of the information or, failing this, of an appointment by the president of the judicial court within a period of one month, the co-investigating judge may be ordered by the president of the investigating chamber acting ex officio, at the request of the president of the court, at the request of the public prosecutor or at the request of the parties. The presiding judge shall rule within one month of receipt of the request made in accordance with the penultimate paragraph of Article 81 if it is made by a party. Where the investigation has been opened in a court where there is no investigating division, the President of the Examining Magistrate's Chamber shall refer the matter to the Examining Magistrate's Chamber for co-investigation. Within one month of the referral, the chamber then decides either, if there are no grounds for co-investigation, to refer the case back to the investigating magistrate, or, if such a decision is essential for the determination of the truth and the proper administration of justice, to relinquish jurisdiction of the investigating magistrate and appoint several investigating magistrates for the purpose of continuing the proceedings.

The decisions of the president of the judicial court, the president of the investigating chamber and the latter provided for by this article are measures of judicial administration not subject to appeal.

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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