Chapter I: Flagrant crimes and offences

Articles in this section · 60

Article 63-1

French Code of Criminal ProcedureIn force

Updated 8 Nov 2023

The person placed in police custody is immediately informed by a judicial police officer or, under the latter's control, by a judicial police agent, in a language he understands, if necessary by means of the form provided for in the thirteenth paragraph:

1° Of his/her placement in police custody and the duration of the measure and any extension(s) to which it may be subject;

2° Of the presumed description, date and place of the offence that he/she is suspected of having committed or attempted to commit as well as the reasons mentioned in 1° to 6° of Article 62-2 justifying his placement in police custody;

3° Of the fact that he benefits :

the right to have a close relative and employer notified and, if he or she is a foreign national, the consular authorities of the State of which he or she is a national, and, where appropriate, to communicate with these persons, in accordance with Article 63-2;

the right to be examined by a doctor, in accordance with Article 63-3;

-the right to be assisted by a lawyer, in accordance with Articles 63-3-1 to 63-4-3;

where applicable, of the right to be assisted by an interpreter ;

the right to consult, as soon as possible and at the latest before any extension of police custody, the documents mentioned in Article 63-4-1 ;

-the right to submit observations to the public prosecutor or, where applicable, to the liberty and custody judge, when this judge rules on any extension of police custody, requesting that this measure be terminated. If the person is not brought before the magistrate, he or she may make his or her observations known orally in a hearing report, which is communicated to the magistrate before he or she rules on the extension of the measure;

-the right, during hearings, after declaring his or her identity, to make statements, to answer questions put to him or her or to remain silent.

If the person is deaf and cannot read or write, they must be assisted by a sign language interpreter or by any qualified person who has mastered a language or method that enables them to communicate with them. Any technical device enabling communication with a deaf person may also be used.

If the person does not understand French, their rights must be notified to them by an interpreter, where appropriate after a form has been given to them for their immediate information.

Acknowledgement of the information given pursuant to this article shall be recorded in the police custody record and signed off by the person in custody. If the person refuses to sign, this is noted.

In application of Article 803-6, a document setting out these rights is given to the person when they are notified of their custody.

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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