Section 2: Orders given by the judicial authority

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Article D57

French Code of Criminal ProcedureIn force

Updated 5 Nov 2023

The judicial authorities shall request the transfer or extraction of accused persons for the purposes and under the conditions determined by the provisions of Chapter V of Title I of Book II of the Penitentiary Code.

The gendarmerie or police services will carry out the transfer or extraction orders. In geographical areas determined by joint order of the Ministers of Justice and the Interior, it is normally carried out by the prison administration.

In the latter case, in the event of the transport of a detainee listed in the register of particularly high-profile detainees provided for in the article D. 223-11 du code pénitentiaire, police or gendarmerie forces are called in to reinforce the prison escort. Exceptionally, in the event of the transport of a detainee presenting a risk of very serious harm to public order, identified by representatives of the forces of law and order or reported by the requesting judicial authority, a reinforcement of the prison escort may be decided jointly by the prison administration directorate and the national police and gendarmerie directorates.

The costs of the operation are chargeable to the criminal and correctional justice costs chapter, except in the case provided for in article R. 99.

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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