Section 12: Appeals against orders of the investigating judge or the liberty and custody judge

Articles in this section · 11

Article 186

French Code of Criminal ProcedureIn force

Updated 8 Nov 2023

The right of appeal lies with the person under investigation against the orders and decisions provided for in articles 80-1-1,87,139,140,137-3,142-6,142-7,145-1,145-2,148,167, penultimate paragraph, 179, third paragraph, 181,181-1 and 696-70.

The civil party may lodge an appeal against orders not to inform, orders dismissing the case and orders adversely affecting his civil interests. However, his appeal may not, under any circumstances, relate to an order or to the provision of an order relating to the detention of the person under investigation or to judicial supervision.

The parties may also appeal against the order by which the judge has, of his own motion or on a declinatory motion, ruled on his jurisdiction.

The parties' appeal and the application provided for by the fifth paragraph of Article 99 must be lodged under the conditions and in the manner provided for by Articles 502 and 503, within ten days of the notification or service of the decision.

The information file or its copy drawn up in accordance with article 81 is transmitted, together with the reasoned opinion of the public prosecutor, to the public prosecutor, who proceeds as stated in articles 194 et seq.

If the President of the Investigating Chamber finds that an appeal has been lodged against an order not referred to in paragraphs 1 to 3 of this article, he shall of his own motion issue an order not to admit the appeal, which shall not be subject to appeal. The same applies if the appeal was lodged after the expiry of the time limit provided for in the fourth paragraph or if the appeal has become devoid of purpose. The President of the Investigating Chamber also has jurisdiction to declare that the appeal lodged by the appellant has been withdrawn.

Mariela Petrova

Need help applying this article to your situation?

A registered French Lawyer explains what applies to your business — in English, fixed fee.

within 48h

Fixed Fee

Talk to a lawyer
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

English · French · Russian

Ready When You Are

Talk To A Corporate
Lawyer In France.

A 20–30 minute call, in English, to scope the engagement. No obligation, no preliminary fee. You will leave the call with a clear view of what the work will cover and what it will cost.

First EngagementFixed Fee

Talk to a French lawyer.

Reply within 24 hours.

Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

Continue Reading

Related corporate services in France

01 / Setup

Setting up a French company

Choose between SAS, SARL, SA or SCI — and structure your first French entity around how you actually plan to operate.

Read More
02 / Operating

French commercial contracts

Distribution, agency, supply, services and IP licences — drafted around the protections French law actually gives.

Read More
03 / Disputes

Business disputes & litigation

Shareholder conflicts, commercial breaches and pre-litigation strategy — handled by the same team that knows the file.

Read More