Chapter V: Compensation in the event of dismissal, discharge or acquittal

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Article R249-3

French Code of Criminal ProcedureIn force

Updated 6 Nov 2023

Compensation must be requested from the investigating or trial court before it rules on the public prosecution.

The application shall be the subject of a request dated and signed by the applicant or his lawyer, addressed to the court either by registered letter with acknowledgement of receipt, or by delivery to the clerk's office against receipt:

1° At the latest before the expiry of the twenty-day period provided for by

Article 175

, if the request is made before the examining magistrate or the investigating chamber;

2° Before the close of the hearing, if the request is made before a trial court.

This request shall indicate the amount of compensation claimed for each of the costs incurred, in accordance with the distinctions provided for by

Article R. 249-2.

It is accompanied by supporting documents for the costs incurred, including in particular a certificate from the lawyer stating either the amount of his fees or the fact that these exceeded the amount provided for in the first paragraph of the same article. Where the compensation claimed also relates to the costs provided for in the last paragraph of article R. 249-2, the supporting documents shall also include a certificate from the provisional beneficiary stating either the amount of his fees or that they exceeded the amounts provided for in the last paragraph of that article.

Mariela Petrova

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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

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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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