Paragraph 7: Provisions applicable in the event of referral to the trial court

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Article D32-25-1

French Code of Criminal ProcedureIn force

Updated 6 Nov 2023

When the person referred to the trial court is sentenced to a fixed term of imprisonment with a deferred committal order issued with provisional execution, the obligations of electronically monitored or mobile electronically monitored house arrest remain applicable until the person is incarcerated, at the latest before the expiry of the ten-day appeal period. The electronic monitoring device is then removed by prison staff at the time of incarceration.

If the person is sentenced, on provisional execution, to house arrest under electronic surveillance or to a firm prison sentence arranged in the form of house arrest under electronic surveillance, these obligations remain applicable until the sentence is served, at the latest before the expiry of the ten-day appeal period.

The provisions of this article shall apply when the person referred to the court is subject to a mobile electronic anti-seizure device provided for in articles 138-3 of this code and is sentenced, with provisional execution, either to a fixed term of imprisonment with a deferred committal order, or to house arrest under electronic surveillance or to a term of imprisonment adjusted by the court or to a probationary suspension including this device pursuant to the article 132-45-1 of the Penal Code.

The provisions of this article also apply when these measures have been ordered pursuant to articles 394,396or 397-1-1 of this code.

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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