Paragraph 2: Civil servants and public service employees

Articles in this section · 5

Article 28

French Code of Criminal ProcedureIn force

Updated 8 Nov 2023

Officials and agents of administrations and public services to whom special laws assign certain judicial police powers exercise these powers under the conditions and within the limits set by these laws.

Where the law provides that these officials and agents may be required by letter rogatory from the investigating judge, they shall exercise, within the limits of the letter rogatory, the powers conferred on them by the special laws mentioned in the first paragraph of this article.

Officially or on the instructions of the public prosecutor, these officials and agents may cooperate in carrying out the same investigation with officers and agents of the judicial police, where applicable, by assisting them in the acts they carry out.

These officials and agents may, on the instructions of the public prosecutor, implement the measures provided for in Article 41-1.

When these officials and agents are authorised to conduct hearings, Article 61-1 is applicable where there are reasonable grounds to suspect that the person being heard has committed or attempted to commit an offence.

Notwithstanding any provision to the contrary, where officials and agents covered by this article are required to take an oath before performing their duties, this oath does not have to be renewed in the event of a change of posting.

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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