Section 1: General provisions

Articles in this section · 10

Article 716-5

French Code of Criminal ProcedureIn force

Updated 7 Nov 2023

In order to enforce a sentence of imprisonment or confinement, the public prosecutor and the public prosecutor may authorise law enforcement officers to enter the home of the convicted person in order to seize the person. However, the officers may not enter the person's home before 6am and after 9pm.

Any person arrested by virtue of an extract from a judgment or decree sentencing them to a term of imprisonment or detention may be held for twenty-four hours in police or gendarmerie premises, for the purposes of verifying their identity, criminal status or personal situation.

The public prosecutor, or the public prosecutor, is informed as soon as the measure begins.

The arrested person is immediately informed by the judicial police officer that he or she may exercise the rights provided for by articles 63-2,63-3 and 63-4.

When, at the end of the measure, the public prosecutor, or the public prosecutor, considers bringing the sentence back into effect, he or she may order that the person be brought before him or her. After taking any observations from the person, the public prosecutor notifies him or her of the committal order, if applicable.

The public prosecutor, or the public prosecutor, may also ask a judicial police officer or agent to notify the person that he or she has been summoned to appear before the sentence enforcement judge, or order that he or she be brought before this magistrate, when the matter must be referred to the judge to decide how the sentence is to be enforced.

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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