The national financial prosecutor requested, Tuesday, December 8, four years in prison, two of which were suspended, against the former President of the Republic Nicolas Sarkozy, tried for corruption and influence peddling in the so-called "case of" listening ".

The prosecution asked for the same penalties for the former high magistrate Gilbert Azibert, as well as for Thierry Herzog, historical lawyer of the former head of state, asking for the latter that it be accompanied by a five-year ban. professional.

The verdict is expected on December 10. 

Requisition 

After nearly five hours of a methodical and arid indictment, the financial prosecutor Jean-Luc Blachon asked for the same penalties for the former high magistrate Gilbert Azibert and for Thierry Herzog, historical lawyer of the former president , asking for the latter that it be accompanied by five years of professional prohibition.

It is the first time that a prison sentence is required against a former president under the Fifth Republic.

In the case of fictitious jobs, the prosecution at the time asked for the release of Jacques Chirac, who was finally convicted.

"The facts would not have happened if a former president, a lawyer by the way, had kept in mind the greatness, the responsibility, and the duties of the office which was his", launched the prosecutor, stressing that he had been as head of state "the guardian of the independence of the judicial authority".

"The Republic does not forget its presidents, if only because they make history. Conversely, one cannot admit of a former president that he forgets the Republic and what it is has been for several decades: a rule of law ", continued Mr. Blachon.

The "evil genius"

Denouncing the "devastating effects of this affair which strikes the values ​​of the Republic", the financial magistrate considered that it had "damaged" the judicial institution, the legal profession and the presidential image.

"The probity of Gilbert Azibert has moved away," he said, portraying Thierry Herzog as the "evil genius" of the case.

But "these fair requisitions cannot throw an opaque veil on the commitment of a life", he qualified.

The day after Nicolas Sarkozy's firm denials at the helm, the two representatives of the prosecution began in the middle of the afternoon to demonstrate the "corruption pact" tied, according to them, in early 2014 between the three men. 

Relying on evidence from the case projected onto a courtroom screen, financial prosecutors described "entryism into the highest court of law" and "cover-up" by "the use of hidden telephone lines ".

According to them, Nicolas Sarkozy has indeed obtained, via his lawyer, information covered by secrecy from the magistrate Gilbert Azibert, about a procedure at the Court of Cassation in the Bettencourt case. 

"Not a revenge"

For proof: conversations recorded on an unofficial line called "Paul Bismuth", opened by Thierry Herzog - according to him to escape "wild" eavesdropping, in reality to "thwart justice by extra-judicial means", underlined Mr. Blachon.

It is established "with certainty" that the high magistrate, then attorney general of a civil chamber of the highest judicial jurisdiction and "man of networks", recovered and transmitted "confidential information" to his friend Thierry Herzog, affirmed the other prosecutor, Céline Guillet. 

The procedure was "vitiated" by this "violation of the secrecy of deliberation", a secret which is protected "in an" absolute "way, she insisted.

The other point of view ?

A conversation shows "overwhelmingly" that Nicolas Sarkozy has promised to intervene in favor of Gilbert Azibert for a post in Monaco, she stressed.

And it matters little that he was never named: "the only clearly formulated promise (...) is sufficient to characterize the two offenses" of corruption and influence peddling.

"In full confidence"

Before these requisitions and after several days of tense debates, the head of the National Financial Prosecutor's Office (PNF) Jean-François Bohnert came in person to "support" his two colleagues. 

"No one here is seeking revenge on a former President of the Republic," said Jean-François Bohnert, responding to the many criticisms against the PNF in recent months and its questioning by the right. 

While the hearing was closed, Nicolas Sarkozy left the room without making a statement, leaving this care to his lawyer Jacqueline Laffont. 

These requisitions are "totally out of step" with the debates, during which the prosecution was "silent" and "every day put in front of the flaws, the inexistence and emptiness" of his accusation, mocked Me Laffont.

Her client is "in full confidence" and it will be "very easy" to "dismantle" these requisitions, she assured.

 Defense pleadings are scheduled for Wednesday and Thursday.

With AFP

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