Nicolas Sarkozy became, Monday March 1, the first former President of the Fifth Republic sentenced to prison for corruption and influence peddling in the so-called "eavesdropping" affair.
An unprecedented conviction which does not, however, close the case.
The former head of state has also started a media marathon to "denounce a deep injustice".
After a long interview with Le Figaro on March 2, he is the guest of the 8 p.m. newspaper of TF1 on Wednesday March 3.
Is the so-called "eavesdropping" affair which condemns Nicolas Sarkozy over?
The former head of state, who has always claimed to have never committed "the slightest act of corruption", announced through the voice of his lawyer that he intended to appeal his conviction.
Just like his historical lawyer Thierry Herzog and the former magistrate Gilbert Azibert, involved in the case.
A second trial should therefore take place in 2022. "This verdict of the 32nd Chamber does not put an end to this case since there is a good chance that Nicolas Sarkozy, wanting to cleanse his honor, will have recourse to all avenues of appeals that are open to him to challenge this first instance judgment ”, summarizes Jean Petaux, political scientist at Sciences Po Bordeaux, interviewed by France 24.
đź”´ In an exclusive interview with Le Figaro, the former head of state, sentenced Monday by the criminal court, displays his determination and combativeness in view of the appeal trial https://t.co/eHVD4fsUlU
- Le Figaro (@Le_Figaro) March 2, 2021
If Nicolas Sarkozy does not succeed in appeal, he can still appeal to Cassation, the highest French court whose function is to verify the correct application of the law.
Finally, as he himself mentioned in an interview with Le Figaro, he will also be able to appeal to the European Court of Human Rights (ECHR) because his defense is partly based on the question of the legality of telephone tapping, which constitute the main part of the charges against Nicolas Sarkozy and his historical lawyer.
"I appealed against the decision, perhaps this fight will have to end before the European Court of Human Rights, he assures in the daily newspaper. It would be a pain for me than having to have my own country condemned, but I am ready because that would be the price of democracy. "
The court itself recalled that professional secrecy "constitutes the basis of the relationship between a lawyer and his client and cannot be conceived without the confidentiality which generates the essential confidence of the client and the freedom in the defense of interests".
But he also added that this secret "is not intangible".
Nicolas Sarkozy will he go to prison?
At this stage, the appeal suspends the execution of the sentence since the court has not requested its provisional execution.
Nicolas Sarkozy cannot therefore go to prison in the short term.
It seems just as unlikely in the long run.
No one knows the outcome of the appeal trial, but the conviction at first instance did not already require detention in prison.
Immediately after pronouncing the sentence, Christine MĂ©e, President of the 32nd Chamber, indeed spoke of a modification of the sentence "under the regime of home detention under electronic surveillance in view of his personal situation."
This penalty provides for the wearing of an electronic bracelet accompanied by a house arrest.
But this control can again be relaxed at the request of the convicted person if the sentence enforcement judge gives his consent.
The president justified the adjustment of the sentence because of the "personal situation" of the former president.
The PNF first took into account the age of the accused - Nicolas Sarkozy is 66 years old - as well as his status as former president which gives him guarantees.
The court finally considered that the repetition of the facts was unlikely, if not impossible.
Does this conviction compromise any presidential ambitions of Nicolas Sarkozy for 2022?
No ineligibility sentence has yet been pronounced against Nicolas Sarkozy.
As the 2022 presidential election approaches, "his name regularly appears on the lips of officials and right-wing voters in need of a natural candidate," explains Jean Petaux, political scientist at Sciences Po Bordeaux. But the man has none. not finished with his legal quarrels. "
An appeal trial may indeed take several months.
And after the "wiretapping" trial, the Bygmalion trials and that of Libyan funding will follow.
“The political agenda is not the judicial agenda, so we can consider that he would not be exempt from all his prosecutions in 2022”, continues the political scientist.
In addition to the judicial agenda, the conviction tarnishes the image of the political figure.
"This is starting to take on an extremely heavy load for this figure of recourse, and will undoubtedly mark a halt in its desire to appear overhanging the preparation of the 2022 campaign", affirms political scientist Pascal Perrineau at the 'AFP.
Because if in politics we have never died, "for 2022 he is deeply affected".
But does the former tenant of the Élysée really want to return to the forefront of the political scene?
Not really, if we are to believe the person concerned who “has always said that the political page was well and truly turned”, recalls Bruno Cautrès, CNRS researcher at Cevipof, in France 24. “All this is indeed conjecture. ", abounds Jean Petaux.
Can this first verdict influence the judgment of other cases that will soon be brought to justice?
This first conviction comes when Nicolas Sarkozy must again face judges, from March 17, at the trial of the "Bygmalion" case, relating to the expenses of his presidential campaign in 2012. He is also implicated in the case concerning suspicions of Libyan financing of its successful 2007 campaign.
Even if each case is different and it falls this time to the Paris prosecutor's office and not to the PNF to judge the Bygmalion case, it will be difficult to disregard the sentence that has just been pronounced two weeks earlier.
Many observers also agree that Nicolas Sarkozy could use his sentence to cry out for judicial harassment.
After this heavy sentence, his supporters should not fail to denounce the desire for vengeance of the judges that the former president had described as "peas".
The defense of Nicolas Sarkozy has also taken a lead in the wing.
Its historical lawyer Thierry Herzog, also convicted at first instance but free to continue the exercise of his profession thanks to the suspensive appeal, will not be in a strong position to ensure his defense.
Why is the affair arousing a controversy around the National Financial Prosecutor's Office?
In a stormy atmosphere, the lawyers of the former head of state did not cease during the trial to shell the National Financial Prosecutor's Office, evoking a "trash" file and demanding the cancellation of the entire procedure, based according to them on "illegal" eavesdropping between a lawyer and his client.
The institution is more widely the subject of severe criticism from a large part of the lawyers who also denounce the violation of the secrecy of instruction in this case.
In this context of tension, the national prosecutor Jean-François Bohnert came in person on December 8 to support the prosecution and more generally the institution, ensuring that this trial was not "an institutional revenge [...] against a former President of the Republic. "
Created under François Hollande in 2013 in the wake of the Cahuzac affair, the PNF has been the subject since its inception of lively controversy, particularly over its methods of investigation.
Several elected officials, on the right, demanded its removal.
"The French know little or nothing about the National Financial Prosecutor's Office and this type of affair allows it to gain visibility, assures Bruno Cautrès. For about fifteen years, France has committed to more progress on everything that concerns the moralization of public and political life. The country was behind in this point of view compared to its European neighbors, the evil is being repaired. "
I believe that we must ask ourselves about the future of the National Financial Prosecutor's Office.
Without the #PNF, Emmanuel #Macron would not be President of the Republic.
The French were deprived of debate during the presidential election @LCI pic.twitter.com/XmxTiRZ66z
- Valérie Boyer (@ valerieboyer13) March 1, 2021
Right-wing elected officials do not see the institution in the same way and consider the conviction of Nicolas Sarkozy as further proof of his partiality.
In the ranks of the Republicans, this condemnation awakens the bitter memories of 2017, when François Fillon was eliminated in the first round of the presidential election.
An investigation had been opened by the PNF a few months before in the case of the fictitious jobs of his wife Penelope, causing the campaign to explode.
"There will be a before and after this Sarkozy affair that I still strongly link to the Fillon affair," Senator LR Valérie Boyer said Tuesday evening.
"Without the PNF, I think Emmanuel Macron would not be President of the Republic."
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