Chapter I: Flagrant crimes and offences

Articles in this section · 60

Article 60-1-2

French Code of Criminal ProcedureIn force

Updated 8 Nov 2023

On pain of nullity, requisitions relating to technical data making it possible to identify the source of the connection or data relating to the terminal equipment used mentioned in 3° of II bis of article L. 34-1 of the French Post and Electronic Communications Code or the traffic and location data mentioned in III of the same article L. 34-1 are only possible, if required by the needs of the procedure, in the following cases:

1° The proceedings relate to a felony or misdemeanour punishable by at least three years' imprisonment;

2° The proceedings relate to a misdemeanour punishable by at least one year's imprisonment committed through the use of an electronic communications network and the sole purpose of these requisitions is to identify the perpetrator of the offence;

3° These requisitions concern the victim's terminal equipment and are carried out at the victim's request in the case of an offence punishable by a term of imprisonment;

4° These requisitions are aimed at finding a missing person as part of the procedures provided for in Articles 74-1 or 80-4 of this code or are carried out as part of the procedure provided for in Article 706-106-4.

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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