Title VI: Transfers from one court to another

Articles in this section · 8

Article 665

French Code of Criminal ProcedureIn force

Updated 7 Nov 2023

The transfer of a case from one court to another may be ordered on grounds of public security by the criminal division, but only at the request of the public prosecutor at the Court of Cassation.

Referral may also be ordered, in the interests of the proper administration of justice, by the Criminal Division, either at the request of the Public Prosecutor at the Court of Cassation or at the request of the Public Prosecutor at the Court of Appeal within whose jurisdiction the court seised has its seat, acting on its own initiative or at the request of the parties.

The application referred to in the second paragraph must be served on all interested parties, who have a period of one month in which to file a statement of case with the registry of the Cour de cassation.

Within ten days of receipt of the request and if it is not acted upon, the public prosecutor at the court of appeal informs the applicant of the reasons for his decision. The latter may then lodge an appeal with the Public Prosecutor at the Court of Cassation who, if he does not refer the matter to the Criminal Division informs him of the reasons for his decision.

The Criminal Division rules within eight days of the application.

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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