Chapter I: General provisions.

Articles in this section · 6

Article A38-2

French Code of Criminal ProcedureIn force

Updated 5 Nov 2023

The public prosecutor's annual report on the status and timeframes for the enforcement of sentences provided for by Article 709-2 may be freely consulted by any person who so requests. Before the last working day of the month of June, a poster shall be put up in a room open to the public in the judicial court in order to indicate the practical arrangements for this consultation.

The public prosecutor may communicate the content of this report to the press and other media, using the means he or she deems most appropriate.

This report shall be appended to or included in the annual report that is sent to the Public Prosecutor pursuant to the provisions of the third paragraph of Article 35.

This report is being distributed to all magistrates, court clerks and civil servants in the judicial court, police courts and local courts.

A copy of this report is sent for information:

-to the prefect;

-to the departmental director of public security;

-to the territorial director of the national police;

-to the commander of the gendarmerie group;

-to the heads of prisons ;

-to the director of the penitentiary integration and probation service;

-to the territorial director of the judicial protection of youth;

-to the treasurer-paymaster general;

-to the president of the bar association;

-to the president of the departmental chamber of bailiffs.

This report is circulated within the local security and delinquency prevention councils and the departmental prevention councils.

The public prosecutor may also send a copy of this report to any private or public law body or institution cooperating with the judicial institution, and in particular to the heads of the victim support associations mentioned in the last paragraph of article 41.

The content of this report will be reported by the public prosecutor at the formal re-opening hearing provided for by article R. 711-2 of the Code of Judicial Organisation.

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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