Paragraph 1: General provisions.

Articles in this section · 12

D48-18D48-19D48-20D48-21D48-22D48-23D48-24D48-25D48-26D48-27D48-28D48-29

Article D48-23

French Code of Criminal ProcedureIn force
Ask for lawyer reviewed or certified translation

Updated 5 Nov 2023

Without prejudice to the application of Article 694-4, enforcement of a financial penalty shall be refused in any of the following cases:

1° If the pecuniary sanction is based on an act that does not constitute an offence under French law;

2° If the pecuniary sanction was issued in respect of a person aged under thirteen years on the date of the acts;

3° If the pecuniary sanction relates to acts which were committed outside the territory of the issuing State and French law does not authorise the prosecution of these acts when they were committed outside the territory of the Republic;

4° If the pecuniary sanction relates to acts falling within the jurisdiction of the French courts and the enforcement of this sanction is time-barred under French law;

5° If the pecuniary sanction is based on offences for which the convicted person has already been finally judged by the French judicial authorities or by those of a State other than the issuing State, provided, in the event of conviction, that the sentence has been enforced, is in the process of being enforced or can no longer be brought back for enforcement under the laws of the convicting State ;

6° In the case of a written procedure, if, according to the certificate, the sentenced person has not been informed, in accordance with the law of the issuing State, personally or through a representative competent under national law, of his or her right to appeal and of the time limit for doing so;

7° If, according to the certificate, the sentenced person did not appear in person at the trial, except in the cases referred to in 1° to 3° of Article 695-22-1 ;

8° If it is established that the financial penalty was taken with the aim of condemning a person on the grounds of his sex, race, religion, ethnic origin, nationality, language, political opinions or sexual orientation, or that the execution of the said penalty may adversely affect the position of that person for one of these reasons;

9° If French law provides for immunity that makes it impossible to enforce the financial penalty.

Mariela Petrova

Need help applying this article to your situation?

A registered French Lawyer explains what applies to your business — in English, fixed fee.

within 48h

Fixed Fee

Talk to a lawyer
Previous articleArticle D48-22Next articleArticle D48-24
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

English · French · Russian

Ready When You Are

Talk To A Corporate
Lawyer In France.

A 20–30 minute call, in English, to scope the engagement. No obligation, no preliminary fee. You will leave the call with a clear view of what the work will cover and what it will cost.

Talk To A Corporate Lawyer+33 1 84 88 31 00
First EngagementFixed Fee

Talk to a French lawyer.

Reply within 24 hours.

Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

Continue Reading

Related corporate services in France

01 / Setup

Setting up a French company

Choose between SAS, SARL, SA or SCI — and structure your first French entity around how you actually plan to operate.

Read More
02 / Operating

French commercial contracts

Distribution, agency, supply, services and IP licences — drafted around the protections French law actually gives.

Read More
03 / Disputes

Business disputes & litigation

Shareholder conflicts, commercial breaches and pre-litigation strategy — handled by the same team that knows the file.

Read More