Paragraph 6: Appointment of the examining magistrate.

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Article D31-3

French Code of Criminal ProcedureIn force
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Updated 6 Nov 2023

When the complaint with civil party status is lodged by a lawyer, it may be sent to the investigating judge by electronic means of communication in accordance with the procedures set out in Article D. 591, where the provisions of this article are applicable following the protocol entered into by the heads of the court and the bar association.

In accordance with the provisions of the second paragraph of Article 85, a person who claims to have been injured by an offence, other than those provided for by the law of 29 July 1881 on freedom of the press or by articles L. 86, L. 87, L. 91 to L. 100, L. 102 to L. 104, L. 106 to L. 108 and L. 113 of the Electoral Code, must, on pain of inadmissibility, attach to his complaint with civil party status:

-either a copy of the simple complaint lodged with the public prosecutor or a criminal investigation department, together with a copy of the notice of discontinuance of proceedings sent in return by that public prosecutor;

-or a copy of this complaint (addressed to the public prosecutor's office or the criminal investigation department) together with a copy of the receipt for delivery of this complaint to the public prosecutor or of a registered letter sent with acknowledgement of receipt to this magistrate, provided that this receipt or the date of the acknowledgement of receipt of the registered letter is at least three months old.

When the complaint with civil action is sent to the investigating judge by electronic means of communication, the documents provided for by the two preceding paragraphs shall be attached in the form of digitised files.

Where these documents are not attached, the examining magistrate will issue an order declaring the civil party complaint inadmissible. This order is notified to the person by registered letter or to their lawyer in accordance with the procedures set out in article 803-1.

If this is not the case, the judge communicates the complaint to the public prosecutor in accordance with the provisions of article 86 after having, unless the person has obtained legal aid or has been exempted from the deposit, set the amount of the deposit and noted that it has been paid within the prescribed period.

The person may appeal against the order of inadmissibility provided for by this article, in accordance with the provisions of the second paragraph of article 186, without prejudice to his ability to regularise his complaint by submitting the documents required above or to lodge a new complaint with civil party status at a later date after fulfilling the conditions set out in Article 85.

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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