Title XXV: Procedure applicable to organised crime and delinquency and to felonies

Articles in this section · 3

Article 706-73

French Code of Criminal ProcedureIn force

Updated 7 Nov 2023

The procedure applicable to the investigation, prosecution, trial and judgment of the following crimes and offences is that provided for by this Code, subject to the provisions of this Title:

1° Crime of murder committed in an organised gang provided for by 8° of Article 221-4 of the Criminal Code;

1° bis Crime of murder committed in concurrence, within the meaning of Article 132-2 of the Criminal Code, with one or more other murders ;

2° Crime of torture and acts of barbarism committed in an organised gang provided for by Article 222-4 of the Criminal Code ;

2° bis Crime of rape committed in concurrence, within the meaning of Article 132-2 of the Penal Code, with one or more other rapes committed on other victims;

3° Crimes and offences of drug trafficking provided for by Articles 222-34 to 222-40 of the Penal Code;

4° Crimes and offences of kidnapping committed in an organised gang provided for by Article 224-5-2 of the Criminal Code;

5° Aggravated crimes and offences of trafficking in human beings provided for by the articles 225-4-2 to 225-4-7 of the Penal Code;

6° Aggravated crimes and offences of procuring provided for by the articles 225-7 to 225-12 of the penal code;

7° Crime of theft committed in an organised gang provided for by article 311-9 of the Penal Code;

8° Aggravated crimes of extortion provided for by Articles 312-6 and 312-7 du code pénal;

8° bis (Repealed);

9° Crime of destruction, damage and deterioration of property committed in an organised gang provided for by Article 322-8 of the Penal Code;

10° Crimes relating to counterfeit money provided for by the Articles 442-1 and 442-2 of the Penal Code;

11° Crimes and offences constituting acts of terrorism provided for by the Articles 421-1 to 421-6 of the Criminal Code ;

11° bis Crimes undermining the fundamental interests of the nation provided for in Title I of Book IV of the Criminal Code;

12° Offences relating to weapons and explosives provided for in articles 222-52 à 222-54,222-56 à 222-59,322-6-1 et 322-11-1du code pénal, aux articles L. 2339-2, L. 2339-3, L. 2339-10, L. 2341-4, L. 2353-4 et L. 2353-5 du code de la défense ainsi que aux articles L. 317-2 and L. 317-7 of the Internal Security Code;

13° Offences of aiding the unauthorised entry, movement and residence of a foreigner in France committed as part of an organised gang provided for by Articles L. 823-1 and L. 823-2 du code de l'entrée et du séjour des étrangers et du droit d'asile;

14° Money laundering offences provided for by the Articles 324-1 and 324-2 of the Criminal Code, or of receiving as provided for in Articles 321-1 and 321-2 of the same code, of the proceeds, income, things originating from the offences mentioned in 1° to 13° ;

15° Délits d'association de malfaiteurs prévus par Article 450-1 of the Criminal Code, when their purpose is the preparation of one of the offences mentioned in 1° to 14° and 17°;

16° Offence of failing to provide proof of resources corresponding to a lifestyle, provided for by Article 321-6-1 of the Criminal Code, when it is related to one of the offences mentioned in 1° to 15° and 17° ;

17° Crime of hijacking an aircraft, ship or any other means of transport committed as part of an organised gang provided for by Article 224-6-1 of the Criminal Code;

18° Crimes and offences punishable by ten years' imprisonment, contributing to the proliferation of weapons of mass destruction and their means of delivery falling within the scope of Article 706-167 ;

19° Offence of exploiting a mine or disposing of a concessible substance without a mining permit or authorisation, accompanied by environmental damage, committed as part of an organised gang, provided for in l'article L. 512-2 of the Mining Code, when it is related to one of the offences mentioned in 1° to 17° of this article;

20° Offence of fraudulent abuse of a state of ignorance or weakness committed in an organised gang provided for in the last paragraph of article 223-15-2 of the Penal Code;

21° Offences provided for in the last paragraph of the article 414 of the Customs Code, when committed as part of an organised gang.

For the offences referred to in 3°, 6° and 11°, the provisions of this Title and those of Titles XV, XVI and XVII are applicable, unless otherwise specified.

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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