Title XV: Prosecution, investigation and trial of acts of terrorism

Articles in this section · 3

Article 706-16

French Code of Criminal ProcedureIn force

Updated 7 Nov 2023

The acts of terrorism incriminated by Articles 421-1 to 421-6 of the Penal Code, as well as related offences, shall be prosecuted, investigated and judged according to the rules of this Code subject to the provisions of this Title.

These provisions shall also apply to the prosecution, investigation and trial of acts of terrorism committed abroad where French law is applicable by virtue of the provisions of Section 2 of Chapter III of Title I of Book I of the Penal Code.

They also apply to the prosecution, investigation and judgment of acts of terrorism committed outside the territory of the Republic by members of the French armed forces or against them in the cases provided for in Chapter I of Title II of Book I of the Code of Military Justice.

These provisions also apply to the prosecution, investigation and trial of the offences provided for in Article 706-25-7 of this Code.

Section 1 of this Title shall also apply to the prosecution, investigation and trial of offences committed in custody by a person detained, remanded, convicted, sought under a European arrest warrant or requested under extradition for acts of terrorism incriminated by Articles 421-1 to 421-6 of the Criminal Code.

These provisions also apply to the prosecution, investigation and trial of escape offences incriminated by the articles 434-27 to 434-37 of the same code, offences of criminal conspiracy provided for in article 450-1 of the said code when their purpose is the preparation of one of the aforementioned escape offences, the offences provided for in articles L. 824-4 to L. 824-7 of the Code de l'entrée et du séjour des étrangers et du droit d'asile (Code on the Entry and Residence of Foreigners and the Right of Asylum), as well as the offences set out in l'article L. 224-1 of the Internal Security Code, when they are committed by a person who is in custody, on remand, convicted, wanted under a European arrest warrant or requested under an extradition order for acts of terrorism incriminated by articles 421-1 to 421-6 of the Criminal Code.

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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