Former mayor of Toulon Hubert Falco remains condemned to ineligibility

At a time when the question of the provisional execution of a sentence of ineligibility has shaken the French public debate, notably after the requisitions against Marine Le Pen in the affair of the parliamentary assistants of the European Parliament, the procedure launched by Hubert Falco was scrutinized from all sides. But in this case, the Court of Cassation ruled without ambiguity.

As confirmed in Figaro l’avocat d’Hubert Falco, M^e Thierry Fradet, after initial information from Var Morning the Court of Cassation rejected his request: he requested that a priority question of constitutionality be asked on this subject concerning local elected officials.

Five years of ineligibility

In other words, the former mayor of Toulon remains – for the moment – ineligible, in accordance with the sentence handed down by the Aix-en-Provence Court of Appeal in the so-called fridge affair. Hubert Falco was convicted of embezzlement of public funds, accused in particular of having benefited from free meals at the Var departmental council when he no longer chaired the local community. This embezzlement was estimated in total at more than 60,000 euros for the period from 2015 to 2018 alone.

Hubert Falco received a sentence of five years of ineligibility, as in the first instance, and eighteen months in prison, compared to three years in the first instance. The court of appeal also imposed a fine of 30,000 euros on him.

“The Court of Cassation decided not to refer the matter to the Constitutional Council, constate M^e Thierry Fradet. Also, the hearing relating to the appeal will be scheduled very soon, a priori first quarter of 2025, it being specified that the decision not to refer the matter which has just been rendered cannot have any kind of influence on the outcome of the appeal in cassation in progress and its chances of success. Hubert Falco’s first deputy, Josée Massi, took her seat as mayor after the latter’s conviction.