Section 3: Police custody

Articles in this section · 2

Article 706-88-1

French Code of Criminal ProcedureIn force

Updated 7 Nov 2023

If it emerges from the initial elements of the investigation or from police custody itself that there is a serious risk of imminent terrorist action in France or abroad, or that the requirements of international cooperation make this imperative, the juge des libertés may, exceptionally and in accordance with the procedures set out in the second paragraph of Article 706-88, decide that the current police custody of a person, based on one of the offences referred to in 11° of Article 706-73, will be subject to an additional extension of twenty-four hours, renewable once.

At the end of the ninety-sixth hour and the one hundred and twentieth hour, the person whose police custody has been extended in this way may ask to speak to a lawyer, in accordance with the procedures laid down by l'article 63-4. The person in custody shall be notified of this right as soon as the extension provided for in this article is notified.

In addition to the possibility of a medical examination carried out at the initiative of the detainee, from the start of each of the two additional extensions, the detainee must be examined by a doctor appointed by the public prosecutor, investigating judge or judicial police officer. The doctor requested must give an opinion on whether the extension of the measure is compatible with the person's state of health.

If the request of the person in police custody to notify, by telephone, a person with whom he usually lives or one of his direct relatives, one of his brothers and sisters or his employer, of the measure to which he is subject has not been granted, under the conditions provided for in the articles 63-1 and 63-2, she may repeat this request from the ninety-sixth hour.

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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