Section 2: The bringing of a civil action and its effects

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Article 86

French Code of Criminal ProcedureIn force
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Updated 8 Nov 2023

The examining magistrate orders the complaint to be forwarded to the public prosecutor so that the latter can make his recommendations. The public prosecutor may ask the examining magistrate for a further three months to allow the investigations to continue before making known his or her recommendations. The investigating judge's decision constitutes a measure of judicial administration that cannot be appealed.

The indictment may be made against a named or unnamed person.

Where the complaint is not sufficiently substantiated or justified, the public prosecutor may, before making his or her submissions and if this has not been done ex officio by the investigating judge, ask this magistrate to hear the civil party and, where appropriate, to invite the latter to produce any useful document in support of his or her complaint.

The public prosecutor may only ask the investigating judge not to investigate if, for reasons affecting the public prosecution itself, the facts cannot legally be prosecuted or if, assuming that the facts have been proven, they cannot be classified as criminal offences. The public prosecutor may also dismiss the case if it is clearly established, in the light of any investigations that may have been carried out following the lodging of the complaint or pursuant to the third paragraph, that the acts reported by the civil party were not committed. When the investigations carried out in the course of the enquiry following the complaint lodged in accordance with the second paragraph of article 85 have made it possible to establish that an adult person implicated for the offences alleged by the victim could be prosecuted but that the public prosecutor has not initiated the public prosecution, the latter may also request the investigating judge to issue an order refusing to inform, while inviting the civil party to initiate proceedings by way of a direct summons. In the event that the examining magistrate disregards this request, he or she must rule in a reasoned order.

When the examining magistrate issues an order refusing to inform, he may apply the provisions of articles 177-2and 177-3.

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.

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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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