Section 7: Judicial supervision, house arrest and pre-trial detention

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Article 137-4

French Code of Criminal ProcedureIn force

Updated 8 Nov 2023

When the examining magistrate receives a request from the public prosecutor to remand the person in custody, and considers that this detention is not justified, and decides not to transfer the case file to the liberty and custody judge, he or she is required to give a ruling without delay by means of a reasoned order, which is immediately brought to the attention of the public prosecutor.

In criminal matters or for offences punishable by ten years' imprisonment, the public prosecutor may then, if the requisitions are motivated, in whole or in part, by the grounds provided for in 4° to 7° of Article 144 and they specify that he intends to apply the provisions of this paragraph, refer the matter directly to the liberty and custody judge by bringing the person under investigation before him without delay; the order made by the liberty and custody judge may cause the order of the investigating judge placing the person under judicial supervision to lapse. If the public prosecutor decides not to refer the case directly to the liberty and custody judge, he or she notifies the investigating judge and the person may be released.

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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