Chapter I: Provisions applicable before the Examining Magistrate and the Examining Chamber

Articles in this section · 10

706-119706-120706-121706-122706-123706-124706-125706-126706-127706-128

Article 706-122

French Code of Criminal ProcedureIn force
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Updated 7 Nov 2023

Where a case is referred to the Investigating Chamber pursuant to Article 706-120, its president shall order, either of his or her own motion or at the request of the civil party, the public prosecutor or the person under investigation, the personal appearance of the latter if his or her condition so permits, after having, if necessary, ordered a psychiatric examination to update the expert reports in the file. If the defendant is not assisted by a lawyer, the President of the Bar appoints one ex officio at the request of the President of the court. This lawyer represents the person even if he or she is unable to appear.

The hearings take place and the judgment is handed down in open court, except in the cases of in camera proceedings provided for in Article 306.

The President shall proceed to question the accused, if present, in accordance with Articles 406 and 442.

Experts who have examined the person under examination must be heard by the investigating chamber, in accordance with Article 168.

On the decision of its President, the court may also hear during the proceedings, in accordance with Articles 436 to 457, the witnesses called by the parties or the public prosecutor if their hearing is necessary to establish whether there are sufficient charges against the person for having committed the acts of which he or she is accused and to determine whether the first paragraph of Article 122-1 of the Criminal Code is applicable. It shall hear the civil party if the latter so requests.

The Public Prosecutor, the lawyer for the person under investigation and the lawyer for the civil party may put questions to the person under investigation, the civil party, the witnesses and the experts, in accordance with Article 442-1 du présent code.

The accused, if present, and the civil party may also ask questions through the president.

Once the investigation at the hearing is completed, the civil party's lawyer is heard and the public prosecutor makes his closing arguments.

The accused, if present, and his lawyer present their observations.

The reply is allowed to the civil party and the public prosecutor, but the accused, if present, and his lawyer will have the last word.

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.

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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

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15+ Years In Corporate Practice

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