Subsection 2: House arrest with electronic surveillance

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Article 142-5

French Code of Criminal ProcedureIn force

Updated 8 Nov 2023

Home detention with electronic surveillance may be ordered, ex officio or at the request of the person concerned, by the investigating judge or by the liberty and custody judge if the person under investigation is facing a criminal prison sentence of at least two years or a more serious sentence.

This measure obliges the person to remain at his or her home or at a residence set by the investigating judge or the liberty and custody judge and to be absent only under the conditions and for the reasons determined by that magistrate.

This obligation is enforced under the system of placement under electronic surveillance, using the process provided for by Article 723-8. It may also be carried out under mobile electronic surveillance, using the procedure provided for by article 763-12, if the person is indicted for an offence punishable by more than seven years' imprisonment and for which socio-judicial monitoring is incurred. The articles 723-9 and 723-12 as well as, where applicable, articles 763-12 and 763-13 are applicable, with the investigating judge exercising the powers assigned to the sentence enforcement judge.

The person may also be subject to the obligations and prohibitions provided for by Article 138.

The person under investigation shall be informed that the installation of the device provided for in Article 723-8 cannot be carried out without his consent, but that refusing such installation constitutes a breach of the obligations incumbent upon him and may result in the revocation of the house arrest with electronic surveillance and his placement in pre-trial detention.

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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