Chapter I: Flagrant crimes and offences

Articles in this section · 60

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Article 63-3-1

French Code of Criminal ProcedureIn force
Ask for lawyer reviewed or certified translation

Updated 8 Nov 2023

From the outset of police custody, the person may ask to be assisted by a lawyer. If they are unable to appoint one or if the chosen lawyer cannot be contacted, they may request that one be appointed for them ex officio by the President of the Bar.

The President of the Bar or the duty lawyer appointed ex officio by the President of the Bar shall be informed of this request by any means and without delay.

The lawyer may also be appointed by the accused person or persons pursuant to the first paragraph of I of Article 63-2. However, this appointment must be confirmed by the person.

The appointed lawyer will be informed by the judicial police officer or, under the officer's supervision, by a judicial police officer or an investigation assistant of the nature and presumed date of the offence under investigation.

If he or she finds a conflict of interest, the lawyer will request the appointment of another lawyer. In the event of a difference of opinion between the lawyer and the judicial police officer or the public prosecutor on the existence of a conflict of interest, the judicial police officer or the public prosecutor shall refer the matter to the President of the Bar, who may appoint another defence counsel.

The public prosecutor, of his or her own motion or on referral from the judicial police officer or the judicial police officer, may also refer the matter to the President of the Bar so that several lawyers can be appointed when it is necessary to conduct simultaneous hearings of several persons in police custody.

Mariela Petrova

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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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