Section 2: Other security measures

Articles in this section · 6

Article D47-29-7

French Code of Criminal ProcedureIn force

Updated 5 Nov 2023

The decision ordering one or more of the measures provided for in

Article 706-137

is made either in the judgment of the Investigating Chamber or the judgment of the Criminal Court, or by a separate order. This order is then signed by the president of the court and the court clerk. When the judgement declaring the person not criminally responsible on account of mental disorder is handed down by the assize court, this order is made by the court without the assistance of the jury. The reasons for the decision shall be given with regard to the provisions of

Article D. 47-29-6

.

A copy of the decision is given to the person concerned for notification.

The decision is immediately enforceable, without prejudice to the possibility of referring the matter to the liberty and custody judge, in accordance with the provisions of article 706-137 for the purposes of modifying or releasing these measures.

On pain of inadmissibility, this decision may only be appealed or referred to the Court of Cassation at the same time as an appeal or referral against the decision declaring the person not criminally irresponsible on grounds of mental disorder.

An appeal against this decision does not have suspensive effect.

Where no appeal has been lodged, the decision lapses if the appeal court finds the person criminally liable. The same applies if, following an appeal in cassation, the referring court declares the person criminally liable.

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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