Title I: The Assize Court

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Article D45-1-5

French Code of Criminal ProcedureIn force

Updated 6 Nov 2023

In accordance with the provisions of the first paragraph of article 362 of the present code, if the provisions of the first two paragraphs of article 132-23 of the penal code are applicable, the president shall inform the jurors of the consequences of the sentence pronounced on the security period and of the possibility of modulating it, in accordance with the procedures set out in the present article.

The president shall inform the jurors that in the event of an unsuspended custodial sentence of ten years or more :

1° The convicted person will not be able to benefit, during a security period, from the provisions concerning the suspension or splitting of the sentence, work release, temporary absences, semi-liberty and conditional release;

2° The length of this security period will be half the sentence handed down, but the Assize Court may, by special decision, either increase this period to two-thirds of the sentence, or decide to reduce it;

3° Pursuant to Article 720-4 of the Code of Criminal Procedure, if the convicted person demonstrates serious signs of social rehabilitation, the Sentence Enforcement Court may, in exceptional circumstances, at any time during the execution of the sentence, decide to terminate the security period or reduce its duration.

If the penalty is life imprisonment, the president also informs the jurors that if this sentence is passed, the security period will be eighteen years, but that the Assize Court may either increase this period to twenty-two years or decide to reduce it.

In cases where the provisions of the last paragraphs of articles 221-3 and 221-4 of the Criminal Code are applicable, the president also informs the jurors of these provisions as well as the provisions of paragraphs two and three of article 720-4 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

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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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