Paragraph 4: Modification or release from house arrest with electronic surveillance

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Article D32-16

French Code of Criminal ProcedureIn force

Updated 6 Nov 2023

In accordance with the provisions of articles 139 and 142-8, the investigating judge may, at any time during the investigation:


1° Impose one or more new obligations on the person placed under house arrest with electronic surveillance;


2° Remove all or some of the obligations that have been imposed;


3° Modify one or more of these obligations;


4° Grant occasional or temporary dispensation from observing some of them.


This decision is taken by reasoned order at the request of the public prosecutor or, after the latter has given his opinion, at the request of the person under investigation.


Decisions adding new obligations may only be made after hearing the person under investigation.


An appeal may be lodged against the investigating judge's orders made pursuant to this article in accordance with the provisions of Articles 185 and 186.


The examining magistrate may also, at the request of the person, by unmotivated order made without prior notice to the public prosecutor, modify the hours of presence at home or in the places assigned, provided that the modifications do not affect the balance of the supervision measure.

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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