Subsection 2: Assisted witnesses

Articles in this section · 8

Article 113-8

French Code of Criminal ProcedureIn force

Updated 8 Nov 2023

If, in the course of the proceedings, the examining magistrate considers that serious or corroborating evidence has come to light justifying the examination of the assisted witness, he shall proceed with the examination by applying the provisions of the eighth and ninth paragraphs of article 116 during an examination conducted in the manner set out in article 114.

He may also proceed with this indictment by sending the person a registered letter specifying each of the acts of which he or she is accused, as well as their legal classification, and informing him or her of his or her right to make requests for acts or petitions for annulment, as well as the foreseeable timeframe for completion of the proceedings, in accordance with the provisions of the eighth and ninth paragraphs of Article 116.

This registered letter may be sent at the same time as the notice of the end of the information provided for in Article 175. It then informs the person of their right to make requests for acts or petitions for annulment within a period of one month if an accused person is detained and three months in other cases.

In the cases referred to in the second and third paragraphs of this article, the person is also informed that if he or she asks to be heard again by the investigating judge, the latter is obliged to question him or her.

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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