Paragraph 1: General provisions

Articles in this section · 5

Article 398

French Code of Criminal ProcedureIn force

Updated 8 Nov 2023

The criminal court is composed of a president and two judges.

When a trial appears likely to involve lengthy debates, the president of the judicial court may decide that one or more additional sitting magistrates will attend the debates. In the event that one or more sitting magistrates making up the criminal court are prevented from attending the proceedings until judgment is delivered, they shall be replaced by the additional sitting magistrate or magistrates, in the order of their appointment to the judicial court, starting with the most senior magistrate of the highest rank.

However, for the trial of the offences listed in article 398-1, it is composed of a single one of these magistrates exercising the powers conferred on the president.

The appointment of the magistrates of the Criminal Court called upon to rule under the conditions provided for in paragraph 3 shall be made by the president of the Judicial Court in accordance with the procedures laid down for the allocation of judges to the various chambers of that court; where appropriate, the president of the Criminal Court shall allocate cases among these magistrates.

Before the start of the judicial year, the President of the Judicial Court shall establish by order the list of magistrates temporarily practising within his jurisdiction who are likely to sit as assessors on the panel of the Criminal Court. This order may be amended during the course of the year to take into account a change in the composition of the court or to provide for a reduced service during the period in which magistrates, civil servants and court officers benefit from their annual leave. This panel may not include more than one lay judge.

The decisions provided for in this article are administrative measures not subject to appeal.

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
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.

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