Section 2: Recognition of convictions and probation decisions

Articles in this section · 12

764-22764-23764-24764-25764-26764-27764-28764-29764-30764-31764-32764-33

Article 764-24

French Code of Criminal ProcedureIn force
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Updated 7 Nov 2023

Enforcement of the sentence or probation decision shall be refused in the following cases:

1° The certificate is not produced, is incomplete or manifestly does not correspond to the sentence or decision and has not been completed or corrected within the time limit set;

2° The conditions set out in articles 764-2 to 764-5 are not met, in particular where, pursuant to 2° of article 764-5, recognition of the conviction or probation decision is subject to France's consent and that consent has not been sought or has been refused ;

3° The conviction relates to offences for which the convicted person has already been finally judged by the French courts or by the courts of a European Union State other than the convicting State, provided that the sentence has been enforced, is being enforced or can no longer be enforced under the law of the convicting State;

4° The conviction is based on acts that do not constitute offences under French law;

5° The acts could have been judged by the French courts and the statute of limitations for the sentence has expired according to French law on the date of receipt of the certificate;

6° The convicted person benefits in France from immunity that prevents the conviction or decision from being enforced ;

7° The conviction or decision was handed down against a minor under thirteen years of age at the date of the acts;

8° The convicted person did not appear in person at the trial leading to the decision, except in the cases mentioned in 1° to 3° of Article 695-22-1;

9°The sentence handed down includes a measure of psychiatric or medical care or another measure that cannot be carried out under the rules of the French legal or healthcare system.

The ground for refusal provided for in 4° may not be invoked where the sentencing decision concerns an offence relating to taxes, customs and exchange, on the grounds that French law does not impose the same type of tax or does not contain the same type of regulation relating to taxes, customs and exchange as the law of the sentencing State.

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.

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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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