Section 1: Exercise of the right of appeal

Articles in this section · 19

Article 498-1

French Code of Criminal ProcedureIn force

Updated 7 Nov 2023

For a judgment sentencing a person to a fixed term of imprisonment or a term of imprisonment suspended in part, handed down under the conditions provided for in article 410 and which has not been served personally, the time limit for appeal shall only run from the time the judgment is served at the home address, bailiff's office or public prosecutor's office subject to the provisions of the second paragraph. The judgment shall be enforceable on expiry of this period.

If it does not result either from the notice recording delivery of the registered letter or the receipt provided for in the articles 557 and 558, or of any act of execution or of the notice given in accordance with Article 560, that the accused has knowledge of the service, the appeal, both as regards civil interests and the criminal conviction, remains admissible until the expiry of the limitation periods for the penalty, the appeal period running from the date on which the accused has knowledge of the conviction.

If the person has been imprisoned in execution of the sentence after the expiry of the ten-day period provided for in the first paragraph and lodges an appeal in accordance with the provisions of the second paragraph, he or she shall nevertheless remain in custody, under pre-trial detention and without prejudice to his or her right to make applications for release, until the hearing before the Court of Appeal.

The provisions of this article shall also apply in the event of iterative default.

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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