Chapter I: General provisions

Articles in this section · 19

Article 709-1-3

French Code of Criminal ProcedureIn force

Updated 7 Nov 2023

Where there are one or more plausible reasons to suspect that, following his imprisonment, a convicted person has not complied with the prohibition imposed on him, pursuant to his sentence, from entering into contact with certain persons or certain categories of persons, to associate with certain convicted persons or to appear in a specially designated place, category of place or area, the police and gendarmerie units may, on the instructions of the sentence enforcement judge or, if the second paragraph of article 131-9 or the second paragraph of article 131-11 of the Penal Code, the sentence enforcement judge, referred to for this purpose by the public prosecutor, proceed, throughout the national territory, if these measures are essential to provide evidence of the violation of the prohibitions resulting from the conviction :

1° For a crime or offence mentioned in the first paragraph of Article 100 of this Code, to the interception, recording and transcription of correspondence transmitted by telecommunications, in accordance with the procedures laid down in Subsection 2 of Section 3 of Chapter I of Title III of Book I;

2° For a crime or offence mentioned in 1° of Article 230-32, to the real-time location of a person, without their knowledge, a vehicle or any other object, without the consent of its owner or possessor, in accordance with the procedures set out in Chapter V of Title IV of Book I.

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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