Section 6: Placement under electronic surveillance

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Article 723-7-1

French Code of Criminal ProcedureIn force

Updated 7 Nov 2023

Where the provisions of Article 132-26 du code pénal, the sentence enforcement judge shall determine the terms and conditions for the implementation of home detention under electronic surveillance by means of a non-appealable order within a maximum period of four months from the date on which the sentence becomes enforceable and within a period of five working days when the sentencing court has ordered the placement or continued detention of the sentenced person and declared its decision provisionally enforceable. If the conditions that enabled the court to decide that the sentence would be served under home detention with electronic monitoring are no longer met, if the sentenced person does not comply with the prohibitions or obligations imposed on him, if he demonstrates misconduct, if he refuses a necessary change in the conditions of enforcement or if he so requests, the benefit of home detention with electronic monitoring may be withdrawn by the sentence enforcement judge by a decision taken in accordance with the provisions of l'article 712-6. If the personality of the sentenced person or the means available justify it, the sentence enforcement judge may also, in accordance with the same procedures, substitute a measure of semi-liberty or work release for the measure of home detention under electronic surveillance.

Mariela Petrova

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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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