Paragraph 3: Placement on the outside without supervision by prison staff

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Article D136

French Code of Criminal ProcedureIn force

Updated 5 Nov 2023

May be authorised either to work outside, or to attend education, an internship, a temporary job with a view to their social integration, vocational training or be the subject of health care, without being subject to the continuous supervision of prison staff:

<1° Convicts whose remaining sentence does not exceed two years or one year if they are in a state of legal recidivism;

2° Convicts admitted for conditional release, on condition that they have been subject to probationary work release;

3° Convicts who meet the time conditions required to be proposed for parole and whose remaining sentence does not exceed three years.

The sentence enforcement judge determines the specific conditions for the execution of the measure depending on the nature of the activity or health care, and the personality of the sentenced person.

He may also make the granting or continuation of the measure subject to one or more of the obligations and prohibitions mentioned in articles 131-36-2,132-44 and 132-45 of the Penal Code.

The employer or the director of the training or care establishment must inform the qualified representative of the prison administration without delay of any incident concerning the prisoner, in particular any absence of any duration.

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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