Chapter I: Automated processing of personal data known as "digital criminal records

Articles in this section · 8

Article R249-13

French Code of Criminal ProcedureIn force

Updated 6 Nov 2023

I.-May access information recorded in the processing provided for in article R. 249-9 :


1° Judges and public prosecutors practising in all courts of first instance, appeal and cassation for the sole purpose of dealing with offences or proceedings referred to them, and judicial auditors for the sole purpose of carrying out the assignments entrusted to them;


2° Registry officers and persons authorised under the article R. 123-14 of the code de l'organisation judiciaire, as well as, for the sole purpose of carrying out the tasks entrusted to them, the legal assistants mentioned in article L. 123-4 of this same code and the judicial assistants mentioned in the article 20 of Law no. 95-125 of 8 February 1995 relating to the organisation of the courts and to civil, criminal and administrative procedure, who assist the magistrates mentioned in 1° ;


3° Delegates of the Public Prosecutor instituted under Article R. 15-33-30 of this code, to carry out the tasks entrusted to them by the judicial authority under articles 41-1 to 41-2 ;


4° The specialist assistants mentioned in Articles 628-9 and 706 of this Code, for the sole purpose of carrying out the tasks entrusted to them;


5° Lawyers, for the sole purpose of the proceedings for which they are responsible and for the sole purpose of consulting the said proceedings.


II.-The following are recipients of all or part of the information recorded in the processing provided for in article R. 249-9:


1° In the context of access to the case file and the minutes, in compliance with the provisions of this code: persons involved in the proceedings within the meaning of article 11, the lawyers, the parties;


2° Concerning the single personality file, the lawyers of the minor, his father and mother, guardian or legal representative and the civil party, the professionals of the judicial youth protection, the staff of the service or establishment of the authorised associative sector, under the conditions provided for by the Articles L. 322-8 to L. 322-10 of the juvenile criminal justice code;


3° Any administration, establishment, authority, or public or private person, authorised by virtue of specific legislative or regulatory provisions, to be provided with all or part of a criminal file or decision.

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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