Chapter I: Flagrant crimes and offences

Articles in this section · 60

Article 61

French Code of Criminal ProcedureIn force

Updated 8 Nov 2023

The judicial police officer may forbid any person to leave the scene of the offence until the end of his operations.

He may call and hear all persons likely to provide information on the facts or on the objects and documents seized.

The persons summoned by him are obliged to appear. The judicial police officer may force the appearance of the persons referred to in the first paragraph. He may also compel the appearance by force of law, with the prior authorisation of the public prosecutor, of persons who have not responded to a summons to appear or who may be feared not to respond to such a summons. The public prosecutor may also authorise the appearance by the police without prior summons in cases where there is a risk of tampering with material evidence or clues, pressure on witnesses or victims or on their family or close friends, or concerted action between co-perpetrators or accomplices in the offence.

The judicial police officer will draw up a record of their statements. The persons interviewed read it themselves, may have their observations recorded and sign it. If they declare that they cannot read, the report is read to them by the judicial police officer before they sign it. If they refuse to sign the report, this is noted on the report.

The judicial police officers designated in Article 20 may also hear, under the supervision of a judicial police officer, any persons likely to provide information about the facts in question. To this end, they will draw up reports in the form prescribed by the present code, which they will pass on to the judicial police officer they are assisting.

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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