Paragraph 2: Provisions relating to the enforcement judge

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Article D49-35-2

French Code of Criminal ProcedureIn force

Updated 5 Nov 2023

The warrant to bring in a person issued in an emergency by the public prosecutor pursuant to the third paragraph of Article 712-17 may be sent by any means to the police service or gendarmerie unit responsible for its execution.

If necessary, this warrant is the subject of telephone instructions sent by the public prosecutor to the judicial police officer. It is subsequently attached to the proceedings.

The public prosecutor indicates on the warrant or specifies in his telephone instructions that if the arrest of the convicted person cannot take place before the end of the next working day, the warrant lapses unless it has been taken up beforehand by the sentence enforcement judge, and without prejudice to the possibility for this magistrate to order the release of this warrant, or to substitute an arrest warrant.

The public prosecutor shall likewise indicate on the warrant or specify in his instructions that the person may not be held for more than twenty-four hours from the time of his arrest without being brought before the sentence enforcement judge or the judge who replaces him in accordance with the provisions of the second paragraph of Article 125, failing which he or she must be released.

The public prosecutor sends a copy of the warrant to the sentence enforcement judge as soon as possible.

If the person is arrested more than two hundred kilometres from the seat of the Sentence Enforcement Judge under whose supervision the sentenced person is placed, and it is not possible to bring him or her within twenty-four hours before this magistrate or the judge who replaces him or her, the person shall be brought before the public prosecutor of the place of arrest.

When the sentence enforcement judge decides to take over the warrant to bring in issued by the public prosecutor, he shall send a copy to the police service or gendarmerie unit responsible for its execution, bearing his signature and seal and a dated note indicating that the warrant has been taken over.

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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