Chapter VII: Pseudonymous investigations

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230-46

Article 230-46

French Code of Criminal ProcedureIn force
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Updated 8 Nov 2023

Only for the purpose of establishing crimes and offences punishable by imprisonment committed via electronic communications, and where justified by the requirements of the investigation or enquiry, officers or agents of the judicial police acting in the course of an investigation or on a rogatory commission may, if they are assigned to a specialised service and specially authorised for this purpose under conditions specified by order of the Minister of Justice and the Minister of the Interior, carry out the following acts under a pseudonym without being criminally liable for them:


1° Participate in electronic exchanges, including with persons likely to be the perpetrators of these offences;


2° By this means, extract or store data on persons likely to be the perpetrators of these offences and any evidence;


3° Acquire any content, product, substance, sample or service or transmit any content in response to an express request. [Provisions declared unconstitutional by Constitutional Council Decision no. 2022-846 DC of 19 January 2023] the operation is authorised by the public prosecutor or by the investigating judge hearing the case;


> After authorisation by the public prosecutor or by the investigating judge hearing the case 4° With the authorisation of the public prosecutor or investigating judge hearing the case, with a view to the acquisition, transmission or sale by persons likely to be the perpetrators of these offences of any content, product, substance, sample or service, including illicit content, make available to these persons legal or financial means as well as means of transport, deposit, accommodation, storage and telecommunications. On pain of nullity, the authorisation provided for in 3° and 4°, which may be given by any means, shall be mentioned or added to the record of the proceedings and the acts authorised may not constitute incitement to commit these offences.


The acts referred to in this article shall be subject to the conditions laid down in the law. The acts referred to in this article are carried out under the supervision of the public prosecutor or 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

English · French · Russian

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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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