Chapter VIII: Default in criminal matters

Articles in this section · 6

Article 379-2

French Code of Criminal ProcedureIn force

Updated 8 Nov 2023

The accused absent without valid excuse at the opening of the hearing shall be tried in absentia in accordance with the provisions of this chapter. The same shall apply where the absence of the accused is noted during the proceedings and it is not possible to suspend them until his return.

However, the court may also decide to adjourn the case to a later session, after issuing a warrant for the arrest of the accused if such a warrant has not already been issued.

The provisions of this chapter shall not apply in the cases provided for in the articles 320 and 322. Nor do they apply if the absence of the convicted person during the trial is noted, even though the accused has already been questioned about the facts and his personality; in this case, the trial shall continue until its conclusion, in accordance with Chapters VI and VII of this Title, with the exception of the provisions relating to the presence of the accused, whose lawyer shall continue to defend his interests; if the accused is sentenced to a custodial sentence not covered by pre-trial detention, the court shall issue an arrest warrant for the accused, unless such warrant has already been issued. The time limits for appealing or appealing to the Supreme Court run from the date on which the judgment is brought to the attention of the accused.

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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