Chapter I: Public and civil proceedings

Articles in this section · 2

Article D1

French Code of Criminal ProcedureIn force

Updated 6 Nov 2023

I.-Any association mentioned in the second paragraph of Article 2-9 or in the first paragraph of Article 2-15 may apply for the authorisation provided for by these provisions if it meets the following conditions:

1° A representative number of adherent members who have been victims of the offence;

2° Sufficient guarantees of effective activity with a view to defending the victims of the offence, in particular through the involvement of a lawyer;

3° The disinterested nature of the activities.

Accreditation is granted by order of the Minister of Justice.

The condition referred to in 2° is met in particular by the association's membership of a federation enabling it to carry out effective activity in defence of victims and approved by order of the Minister of Justice.

II.-The application for approval must be sent to the Ministry of Justice. The file accompanying the application for approval must include a copy of the articles of association and the declaration receipt, as well as proof of the conditions set out in 1° to 3° above.

When the application is complete, a receipt is issued. The approval decision is notified within two months of the date of issue of the receipt.

The notice provided for in article 2-9 or article 2-15 is given by the public prosecutor of the court seised, or by the public prosecutor of the court within whose jurisdiction the association has its registered office.

Any approved association must provide the competent public prosecutor referred to in the previous paragraph with the following documents on an annual basis: an updated list of its members, a copy of the most recent minutes of the general meeting and of the most recent financial year.

Accreditation may be suspended or withdrawn by order of the Minister of Justice if the association no longer meets one of the conditions that justified its accreditation. The association must first be given formal notice to present its observations.

An association that intends to contest a decision to implicitly refuse, suspend or withdraw approval must, prior to any legal action, submit an informal appeal to the Minister of Justice.

III -When filing a civil action, the president of the association must provide the court with a list of the victims of the offence who have joined the association. In the course of the proceedings, the president must inform the court of the identity of any victims who joined the association after the association was set up as a civil party.

> -The president of the association must inform the court of the identity of any victims who joined the association after the association was set up as a civil party.
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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