Chapter I: Flagrant crimes and offences

Articles in this section · 60

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Article 63-4-2

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

Updated 8 Nov 2023

The person in police custody may request that the lawyer be present at his or her hearings and confrontations. In this case, the first hearing, unless it relates solely to identity details, may not begin without the presence of the chosen or court-appointed lawyer before the expiry of a period of two hours following the notice sent under the conditions provided for in article 63-3-1 of the request made by the person in police custody to be assisted by a lawyer. During hearings or confrontations, the lawyer may take notes.

If the lawyer appears after the expiry of the time limit provided for in the first paragraph while a hearing or confrontation is in progress, it shall be interrupted at the request of the person in custody in order to allow him/her to speak with his/her lawyer under the conditions provided for in Article 63-4 and for the lawyer to examine the documents provided for in l'article 63-4-1. If the person in police custody does not request to speak with their lawyer, the latter may attend the hearing in progress as soon as they arrive at the premises of the criminal investigation department or the confrontation.

When the needs of the investigation require an immediate hearing of the person, the public prosecutor may authorise, by written and reasoned decision, at the request of the criminal investigation police officer, that the hearing begin without waiting for the expiry of the period provided for in the first paragraph.

Exceptionally, at the request of the judicial police officer, the public prosecutor or the liberty and custody judge, according to the distinctions provided for in the following paragraph, may authorise, by written and reasoned decision, the postponement of the presence of the lawyer during hearings or confrontations, if such a measure appears to be essential for overriding reasons relating to the particular circumstances of the investigation, either to allow the proper conduct of urgent investigations aimed at gathering or preserving evidence, or to prevent serious and imminent harm to the life, liberty or physical integrity of a person.

The public prosecutor may only defer the presence of the lawyer for a maximum of twelve hours. When the person is held in police custody for a crime or misdemeanour punishable by a prison sentence of five years or more, the liberty and custody judge may, at the request of the public prosecutor, authorise the lawyer's presence to be deferred, beyond the twelfth hour, until the twenty-fourth hour. The authorisations of the public prosecutor and the liberty and custody judge shall be in writing and reasoned by reference to the conditions set out in the previous paragraph in the light of the precise and detailed elements resulting from the facts of the case.

Where, in accordance with the provisions of the two preceding paragraphs, the public prosecutor or the liberty and custody judge has authorised the lawyer's presence to be deferred during hearings or confrontations, he may also, under the conditions and in accordance with the procedures provided for by these same paragraphs, decide that the lawyer may not, for an identical period of time, consult the minutes of the hearing of the person 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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