Subsection 1: Judicial supervision

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Article 142

French Code of Criminal ProcedureIn force

Updated 8 Nov 2023

Where the person under investigation is ordered to provide security or sureties, such security or sureties shall guarantee:

1° The representation of the person under investigation, the accused or the defendant in all the acts of the proceedings and for the enforcement of the judgment, as well as, where applicable, the performance of the other obligations imposed on him;

2° Payment in the following order:

a) Compensation for damage caused by the offence and restitution, as well as the maintenance debt when the person under investigation is prosecuted for failure to pay this debt;

b) Fines.

The decision of the investigating judge or the liberty and custody judge, determines the sums allocated to each of the two parts of the bond or sureties. The investigating judge or the liberty and custody judge may, however, decide that the securities will guarantee in their entirety the payment of the sums provided for in 2° or either of these sums.

Where the securities guarantee, in part or in full, the rights of one or more victims who have not yet been identified or who have not yet been made civil parties, they shall be established, under conditions specified by decree in the Conseil d'Etat, in the name of a provisional beneficiary acting on behalf of these victims and, where applicable, the Treasury.

A Conseil d'Etat decree shall set the amount above which the bond may not be paid in cash, unless otherwise decided by the liberty and custody judge or the investigating judge.

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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