Paragraph 3: Summons to appear, immediate appearance and deferred appearance

Articles in this section · 16

393393-1394395396397397-1397-1-1397-2397-2-1397-3397-3-1397-4397-5397-6397-7

Article 393

French Code of Criminal ProcedureIn force
Ask for lawyer reviewed or certified translation

Updated 8 Nov 2023

In criminal matters, when the public prosecutor is considering prosecuting a person pursuant to articles 394,395 and 397-1-1, the public prosecutor shall order that the person be brought before him.

After informing the person, if necessary, of their right to be assisted by an interpreter, establishing their identity and informing them of the charges against them and their legal classification, the public prosecutor informs them that they have the right to the assistance of a lawyer of their choice or appointed by the court. The chosen lawyer or, in the case of a request for a court-appointed lawyer, the President of the Bar Association is notified without delay.

The lawyer, or the defendant if not assisted by a lawyer, may consult the case file immediately. The lawyer may communicate freely with the accused.

The public prosecutor then advises the person of their right to make statements, answer questions or remain silent. After taking the person's comments or questioning, where appropriate, the public prosecutor hears the lawyer's comments, in particular on the legality of the proceedings, the classification adopted, the possible inadequacy of the investigation, the need to carry out new acts that he or she considers necessary to establish the truth and the procedures for initiating any prosecution or the possible use of the procedure for appearing on prior recognition of guilt. In the light of these observations, the public prosecutor either proceeds as described in the articles 394 to 396 and article 397-1-1, or requires an investigation to be opened, or orders the investigation to continue, or takes any other decision on the public prosecution pursuant to l'article 40-1. If he orders the investigation to continue and the person is heard again, he has the right to be assisted, during his hearing, by his lawyer, pursuant to Article 63-4-3.

If the Public Prosecutor proceeds as described in articles 394 to 397-1-1, he may decide to set down for the same hearing, so that they can be added to the proceedings or examined together, previous proceedings against the person for other offences, as a result of a summons to appear by means of a procès-verbal, a summons to appear by means of a judicial police officer, a summons to appear on the basis of a prior acknowledgement of guilt, a summons to appear, a criminal order or a committal order issued by the examining magistrate. Except in the case of an immediate appearance, this decision must be made at least ten days before the date of the hearing. The accused and his lawyer are informed without delay.

Note of these formalities shall be made in the minutes, failing which the proceedings shall be null and void.

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
Previous articleArticle 388-5Next articleArticle 393-1
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.

Talk To A Corporate Lawyer+33 1 84 88 31 00
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