Paragraph 3: Appearance before the Investigating Chamber

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Article 695-31

French Code of Criminal ProcedureIn force

Updated 7 Nov 2023

If, at the time of his appearance, the wanted person declares that he consents to his surrender, the investigating chamber informs him of the legal consequences of his consent and of its irrevocable nature.

When the wanted person maintains his consent to surrender, the Investigating Chamber asks him whether he intends to waive the rule of speciality, after having informed him of the legal consequences of such a waiver and of its irrevocable nature.

If the Investigating Chamber finds that the legal conditions for executing the European Arrest Warrant have been met, it issues a ruling in which it acknowledges the wanted person's consent to be surrendered and, where applicable, his waiver of the rule of speciality and grants the surrender. Unless further information has been ordered in accordance with the conditions set out in article 695-33, the Investigating Chamber shall give its ruling within seven days of the appearance of the requested person before it. This decision is not subject to appeal.

If the person sought declares that he or she does not consent to his or her surrender, the Investigating Chamber shall give its decision within twenty days of the date of his or her appearance, unless further information has been ordered under the conditions set out in article 695-33. This decision may be appealed to the Supreme Court, by the Public Prosecutor or by the person sought, under the conditions set out in articles 568-1 and 574-2.

Where the person sought benefits from a privilege or immunity in France, the time limits mentioned in the third and fourth paragraphs do not begin to run until the day on which the Investigating Chamber has been informed that it has been lifted.

Where the consent of another State proves necessary, in accordance with the last paragraph of Article 695-26, these time limits do not begin to run until the day on which the Investigating Chamber has been informed of that State's decision.

Once the decision of the Investigating Chamber has become final, it shall be notified by any means and without delay to the judicial authority of the issuing Member State by the Public Prosecutor.

The decision of the Investigating Chamber shall be notified by any means and without delay to the judicial authority of the issuing Member State by the Public Prosecutor.
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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