Section 4: Common provisions

Articles in this section · 12

Article 712-16-2

French Code of Criminal ProcedureIn force

Updated 7 Nov 2023

If there is a risk that the convicted person may find himself in the presence of the victim or the civil party and if, in view of the nature of the offences or the personality of the person concerned, it appears that such a meeting should be avoided, the sentence enforcement courts shall attach to any decision resulting in the temporary or permanent cessation of imprisonment a prohibition on entering into contact with the victim or the civil party and, where applicable, on appearing in the vicinity of his home and place of work.

This ban must be imposed, unless a specially reasoned decision is made to the contrary, when the person has been convicted of one of the offences referred to in article 706-47.

The court sends the victim a notice informing them of this prohibition; if the victim is a civil party, this notice is also sent to their lawyer. This notice shall specify the consequences likely to result for the sentenced person if this prohibition is not complied with.

The court may not, however, send this notice where the personality of the victim or the civil party so justifies, where the victim or the civil party has made it known that he or she does not wish to be notified of the arrangements for the enforcement of the sentence or in the case of a provisional cessation of the sentenced person's imprisonment for a period that may not exceed the maximum period authorised for temporary absences.

For the purposes of this article, the victim or the civil party may inform the sentence enforcement court of any changes in their residence or place of work.

When the person has been convicted of an offence referred to in Article 706-47 and if the victim or the civil party has so requested, the sentence enforcement judge or the prison probation service shall inform the latter, directly or through their lawyer, of the person's release when this occurs on the expiry date of the sentence.

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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