Section 4: Common provisions

Articles in this section · 12

Article 712-16-1

French Code of Criminal ProcedureIn force

Updated 7 Nov 2023

Prior to any decision resulting in the temporary or permanent cessation of imprisonment of a person sentenced to a custodial sentence before the expiry date of that sentence, the sentence enforcement courts shall take into consideration the interests of the victim or the civil party with regard to the consequences for the latter of this decision.

The measures provided for in Article 712-16 may relate to the consequences of decisions to individualise the sentence with regard to the situation of the victim or civil party, and in particular the risk that the sentenced person may find himself in the presence of the victim or civil party.

If they consider it appropriate, the sentencing courts may, before any decision is taken, inform the victim or the civil party, either directly or through their lawyer, that they may submit their observations in writing within fifteen days of being notified of this information.

These observations may be sent to the court by the victim or the civil party by any means at their convenience.

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

English · French · Russian

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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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