Nicolas Sarkozy’s conviction for corruption and influence peddling could be definitively confirmed this Wednesday by the Court of Cassation. A decision which would also pave the way for the former President of the Republic to wear an electronic bracelet.
The Court of Cassation must render its decision concerning Nicolas Sarkozy this Wednesday, December 18. The former head of state could be declared definitively guilty, without recourse, in the Paul Bismuth “wiretapping” case. In the short term, he also risks having an electronic bracelet fitted.
The so-called “wiretapping” affair led Nicolas Sarkozy to be found guilty of having set up a corruption pact with former magistrate Gilbert Azibert. The pact consisted of the magistrate providing information on the Bettencourt procedure which was then underway.
In exchange, Nicolas Sarkozy promised to give him “a helping hand” to obtain a position in Monaco. The magistrate never obtained the position in Monaco but for justice, the intention to commit corruption is enough to characterize it.
A file established on the basis of tapping of Nicolas Sarkozy’s secret line, opened in the name of “Paul Bismuth”, the name of a former high school friend. On this line, he communicated secretly with his lawyer at the time, Thierry Herzog, who was in contact with Gilbert Azibert.
Three years of ineligibility
Concretely, the Court of Cassation can confirm the conviction pronounced by the court of appeal, partially overturn the conviction and order a new trial (this is what it decided in particular for François Fillon or Patrick Balkany) or even completely overturn the conviction pronounced without retrial.
During the hearing, the attorney general recommended the rejection of all arguments raised by the defense and therefore the confirmation of the convictions. Among the twenty defense arguments is still the legality of wiretapping between a lawyer and his client. Nicolas Sarkozy’s defense continues to claim that the entire procedure is illegal although it has been validated several times by different authorities.
As a reminder, in this case, Nicolas Sarkozy was found guilty of “corruption” and “influence peddling”. In May 2023, the court of appeal confirmed his sentence at first instance to three years in prison, including one year to be served under an electronic bracelet.
The former head of state also received three years of ineligibility and deprivation of civil rights. If the Court of Cassation confirms the decision rendered on appeal, the conviction of the former President of the Republic would therefore become final.
An electronic bracelet?
If the Court of Cassation validates his conviction, Nicolas Sarkozy will not be equipped with an electronic bracelet from this Wednesday. Concretely, the Court of Cassation will have to transmit its judgment to the Court of Appeal. The latter will then transmit the elements to the Paris sentence enforcement service – Nicolas Sarkozy being domiciled in the capital.
The former president would then be summoned by a sentence enforcement judge to be heard on the terms of the bracelet (schedules, obligations, etc.). The latter, after referral to the Prison Integration and Probation Service (SPIP), would then issue a judgment or order setting in particular the date of equipment.
Concretely, if this happens, SPIP technicians would go to his home to install the settings boxes in the accommodation he occupies with Carla Bruni as well as the bracelet around his foot.
Nicolas Sarkozy could thus be equipped in the middle of the trial over suspicions of Libyan financing of his 2007 presidential campaign, which begins on January 6. But his lawyers have already suggested that they will try to obtain a delay so as not to disrupt the proceedings in court. Furthermore, Nicolas Sarkozy will be 70 years old at the end of January and will therefore be old enough to request conditional release, that is to say to be exempt from electronic bracelets.
Vincent Vantighem with Céline Hussonnois-Alaya
