Paragraph 1: Conditions of performance

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Article 695-22-1

French Code of Criminal ProcedureIn force

Updated 7 Nov 2023

Where the European arrest warrant is issued for the purpose of executing a custodial sentence or detention order, its execution may be refused where the person concerned did not appear in person at the trial at which the sentence or detention order was imposed unless, according to the information entered by the issuing Member State in the European arrest warrant, he is in one of the following cases:

1° He was informed in accordance with the law and effectively, unequivocally, in good time, by summons or by any other means, of the date and place fixed for the trial and of the possibility that a decision may be handed down against him in the event of his failure to appear;

2° Having been informed of the date and place of the trial, he was defended during the trial by a counsel, appointed either by himself or at the request of the public authority, to whom he had given a mandate for that purpose;

3° Having been served with the decision and having been expressly informed of his right to appeal against it in order to obtain a new examination of the merits of the case, in his presence, by a court with the power to take a decision annulling the initial decision or replacing it, he expressly indicated that he did not contest the initial decision or did not exercise the appeal available to him within the time allowed ;

4° The decision of which he or she has not been served must be served on him or her as soon as it is handed over, at which time he or she is also informed of the possibility of exercising the appeal provided for in 3° and of the time limit allowed for exercising it.

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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