Chapter I: Preliminary provisions

Articles in this section · 6

Article R93

French Code of Criminal ProcedureIn force

Updated 6 Nov 2023

I.-The costs assimilated to those of Article R. 92 and recoverable by the State are those resulting from:

1° Expert appraisals carried out pursuant to the provisions of Title I of Book II of Part Three (legislative part) of the Public Health Code;

2° Measures for the legal protection of adults and minors ordered pursuant to the provisions of Titles X and XI of Book I of the Civil Code;

3° Compensation for ad hoc administrators appointed pursuant to Articles 388-2 and 389-3 of the Civil Code, where they appear on the list provided for in Article R. 53 ;

4° Investigations ordered in relation to the exercise of parental authority and in relation to adoption;

5° Remuneration of the person appointed to hear the minor pursuant to article 388-1 of the Civil Code;

6° Of procedures followed in application of laws concerning the protection of children in danger, excluding the costs of investigations;

7° Of mortgage registrations required by the public prosecutor ;

8° Deeds carried out by the bailiff by decision of the president of the judicial court at the request of the public prosecutor, the mayor, the police commissioner or the gendarmerie brigade commander in matters of protective measures taken after the opening of an estate;

9° Of the notification provided for in article 30-3 of the annex to the code of civil procedure relating to its application in the departments of Bas-Rhin, Haut-Rhin and Moselle ;

10° Of the compensation of interpreters and experts appointed by the judicial court for the execution of an investigative measure at the request of a foreign court pursuant to Regulation (EU) 2020/1783 of the European Parliament and of the Council of 25 November 2020 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (taking of evidence) (recast) ;

11° Of the contribution paid by the State in respect of legal aid;

12° Of the implementation of the provisions of Book VI (legislative part) of the Commercial Code relating to the advance of costs by the State;

13° Of the implementation of other specific legislative or regulatory provisions providing for the advance of costs by the State.

II.-The costs assimilated to those listed in article R. 92 and to be borne by the State are:

1° The costs of investigations ordered in application of laws concerning the protection of children in danger;

2° The costs incurred at the request of the Public Prosecutor's Office when it is the lead or joint party in civil, commercial and industrial tribunal cases and costs which, in application of the article 696 of the Code of Civil Procedure, may be left to be borne by the State, where the public prosecutor is the principal party ;

3° The costs and expenses borne by the State either pursuant to a legislative or regulatory provision, or in the event of a court decision rectifying or interpreting a previous decision, or in the event of a court decision annulling a previous decision ;

3° bis The costs and expenses of the document serving the order setting the hearing date provided for in Article 1136-3 of the Code of Civil Procedure;

4° The costs incurred in the course of proceedings before the commission provided for in Article 16-2;

5° The costs incurred in carrying out the investigative measures provided for in article L. 332-2 of the Consumer Code;

6° Compensation for ad hoc administrators appointed to represent unaccompanied foreign minors in application of the provisions set out in article R. 521-20 du code de l'entrée et du séjour des étrangers et du droit d'asile;

7° L'indemnisation des interprètes désignés dans le cadre du contentieux judiciaire relatif au maintien des étrangers dans des locaux ne relevant pas de l'administration pénitentiaire;

8° L'indemnisation des interprètes désignés en application de l'article 23-1 of the Code of Civil Procedure;

9° Compensation for interpreters and the fees of doctors appointed pursuant to the article L. 813-5 of the Code de l'entrée et du séjour des étrangers et du droit d'asile;

10° Expenses incurred in the context of out-of-court proceedings to identify deceased persons, pursuant to fourth and seventh paragraphs of Article 16-11 and the second paragraph of Article 87 of the Civil Code, as well as the last paragraph of article L. 2223-42 of the General Local Authorities Code;

11° Expenses incurred in the course of proceedings before the commission provided for in article 706-4.

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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