Chapter I: General provisions

Articles in this section · 18

Article D48-5-4

French Code of Criminal ProcedureIn force

Updated 5 Nov 2023

A commission for the execution and enforcement of sentences is set up within each judicial court with the aim of:

1° exchanging information between all the players concerned on the conditions for implementing the sentences handed down by the judicial authorities and the care of convicted persons by the prison and judicial youth protection services;

2° monitoring the process for executing and enforcing the sentences handed down within the jurisdiction, and determining the appropriate measures to enable improvements to be made;

3° coordinating the actions of those involved in the jurisdiction and external partners in this area;

4° preventing prison overcrowding within the jurisdiction's prisons and encouraging the development of alternative measures to imprisonment and sentence adjustments.

This committee is chaired by the president of the judicial court and the public prosecutor, each of whom may be replaced by a judge or prosecutor appointed by them.

At least twice a year, it brings together judges and prosecutors involved in the pronouncement, execution and enforcement of sentences in the court, as well as registry officials.

The judges of the correctional divisions, the sentence enforcement judges, the juvenile judges, the registry director, the heads of the criminal department, the correctional registry, the sentence enforcement department, the sentence enforcement department and the juvenile court attend.

This commission also meets at least once a year in an extended formation, of which the heads of the penitentiary establishments in the jurisdiction and the heads of the judicial registries of the penitentiary establishments are ex officio members, the director of the penitentiary integration and probation services, the territorial director of the judicial youth protection or their representatives.

The heads of the police and gendarmerie services, representatives of public or private legal entities contributing or likely to contribute to the implementation of sentences or sentence adjustments, as well as the president of the departmental chamber of bailiffs and the president of the bar association and any other person whose presence is deemed useful by the ex officio members of the commission, may also be invited to take part in this commission.

The agenda is drawn up jointly by the president of the judicial court and the public prosecutor or by the magistrate appointed by them. Ex officio members of the commission may have items placed on the agenda.

Where there is no remand centre within the jurisdiction of the judicial court, the commission for the execution and enforcement of sentences of that court may hold joint meetings with the commission(s) of the adjoining jurisdiction(s).

A statement of conclusions is drawn up for each meeting.

This statement is sent to the heads of court in order to provide input for the work of the regional conferences referred to in Article D. 48-5-1.

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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