The former President of the Republic Nicolas Sarkozy was condemned by the Court of Cassation at a penalty ofone year in prison under electronic bracelet in the context of the wiretapping affair. He must now be summoned by the sentence enforcement judge who will establish the terms of execution of his sentence.
The reminder of the facts
In the file Bismuththe former head of state was, on May 17, 2023, a second time found guilty of having entered into in 2014, alongside his historic lawyer Thierry Herzog, a “corruption pact” with Gilbert Azibert, top magistrate at the Court of Cassation, so that he can transmit information and try to influence an appeal filed by Nicolas Sarkozy in the Bettencourt affair. And this, in exchange for a promised “help” for an honorary position in Monaco. The three men were given the same sentence, with the lawyer banned from wearing black robes for three years.
Concretely, what does a conviction under an electronic bracelet mean and how will this sentence take place? Explanations.
What is electronic bracelet monitoring?
The electronic bracelet makes it possible to serve a prison sentence without being incarcerated. The system can also be put in place when a person is awaiting trial or during house arrest.
How does the electronic bracelet work?
The device is placed on the ankle of the convicted person. It is installed in the person’s accommodation by a prison guard. The bracelet and its assigned case must never be taken off.
The person provides an address and must agree to be present at the times set by the judge. If the bracelet is removed or if the person leaves the perimeter concerned, a prison guard is notified by an alarm which is triggered remotely.
Who carries out the control?
The placement measure is controlled by the Prison integration and probation service (SPIP).
It can be done by:
- summons to the SPIP
- phone verification
- summons to prison
- visit to place of residence
What can a person under electronic surveillance do?
A document from the Ministry of Justice recalls what a person placed under an electronic bracelet is authorized to do.
- Carry out a professional activity
- Do professional training
- Have medical monitoring
- Going through a store’s security gates without the bracelet triggering the alarm system, etc.
As part of the sentence handed down against the former head of state, Nicolas Sarkozy will not be able to be elected for three years.
Will he be able to travel?
A person sentenced to a sentence under an electronic bracelet must make a request for prior authorization to the sentence enforcement judge (JAP) if he wishes to change employment, place of residence or if he wishes to move to the stranger.
Over the months and the reports provided by the Prison Integration and Probation Service, the judge may or may not decide to grant sentence reductions.
What if the convicted person does not respect the terms set?
If Nicolas Sarkozy were to violate the terms of his placement under an electronic bracelet, and made a trip without first asking the sentence enforcement judge, the latter could order the limitation of his release times, or even his imprisonment for the duration of his sentence remaining to be served.
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