Section 4: Investigation assistants

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21-3

Article 21-3

French Code of Criminal ProcedureIn force
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Updated 8 Nov 2023

Investigation assistants are recruited from among members of the technical and administrative support corps of the national gendarmerie, category B administrative staff of the national police and the national gendarmerie and deputy judicial police officers of the national police and the national gendarmerie who have passed a training course sanctioned by an examination certifying their suitability to carry out the missions entrusted to them by law.

The role of investigation assistants is to assist officers and agents of the judicial police of the national police force and the national gendarmerie in the performance of their duties, for the sole purpose of carrying out, at the express request and under the control of the officer of the judicial police force or, where he is competent, the agent of the judicial police force, the following acts and drawing up the minutes:

1° Summoning any person to be heard by an officer or agent of the judicial police and contacting, if necessary, the interpreter required for the hearing;

> 2° Serving notice of the hearing to any person to be heard by an officer or agent of the judicial police. 2° Notifying victims of their rights, in application of article 10-2;

3° Carrying out, with the prior authorisation of the public prosecutor or the liberty and custody judge where this is provided for, the requisitions provided for in articles 60, 60-3, 77-1 and 99-5 as well as those provided for in articles 60-1 and 77-1-1 when they concern recordings from video-protection systems;

4° Inform the persons referred to in Article 63-2 of the custody by telephone;

>
5° Carry out the procedures provided for in article 63-3;

6° Informing the appointed or court-appointed lawyer of the nature and presumed date of the offence under investigation, pursuant to Article 63-3-1;

7° Carry out the summonses provided for in Article 390-1;

8° Transcribe the recordings provided for in Article 100-5 and the third paragraph of Article 706-95-18 identified in advance as necessary to establish the truth by the judicial police officers [Provisions declared unconstitutional by Constitutional Council Decision no. 2022-846 DC of 19 January 2023].

In the event of any difficulty encountered in the performance of these duties, in particular if it is impossible to notify or contact the persons mentioned in 1° and 4° to 6° of this article, the judicial police officer or agent shall be notified immediately.

A decree of the Council of State shall specify the conditions under which the judicial police officer or agent may carry out his or her duties. A decree in the Council of State shall specify the terms and conditions for the application of this article, in particular the terms and conditions for the assignment of investigation assistants, those according to which they take an oath on the occasion of this assignment and those according to which they proceed with the transcriptions of the recordings provided for in article 100-5 and the third paragraph of article 706-95-18.

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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