Marine Le Pen has “was involved in the embezzlement of European funds for the benefit of his party”according to the Paris prosecutor's office. On Wednesday November 13, he demanded five years in prison, three of which were suspended (the firm part could be adjusted), a €300,000 fine and five ineligibility with provisional execution against the National Rally MP in the the affair of the assistants of MEPs of the National Front (now RN).
The notion of provisional execution could change the situation and seriously hamper Marine Le Pen's presidential ambitions for 2027 if it is pronounced at the end of the trial. This ancillary decision allows the successful party to enforce the judgment against their opponent despite their opponent's appeal.
Will the court pronounce the sentence of ineligibility?
Concretely, in the event that Marine Le Pen is sentenced to five years of ineligibility with provisional execution at the end of the trial which began on September 30 and she appeals this decision, the sentence will apply until 'at the next trial.
On the criminal level, there is no possible recourse allowing the provisional execution of a sentence to be suspended. On a civil level, there is a possible recourse to provisional execution; before the President of the Court of Appeal. “It must be demonstrated in this case that the decision has irreversible and extremely serious consequences,” explains Thomas Amico, litigation and business criminal law partner at Veil Jourde. This remedy generally applies to companies which, if they had to pay the damages to which they were ordered at first instance, would find themselves bankrupt at the time of the appeal trial. “The question has never arisen for an elected official”, continues Thomas Amico.
Patrick Maisonneuve, lawyer for the European Parliament, said on Thursday, November 14, Franceinfo “rather hostile to provisional execution” penalties “because we must be able to go before the court of appeal in a completely efficient manner.”
But Thomas Amico does not think that the court will retain the sentence of five years of ineligibility nor its provisional execution: “This was not pronounced in the Balkany file nor for Nicolas Sarkozy.” “It is possible that other elected officials who appear alongside Marine Le Pen are ineligible. But for her, the court will take into account the context and her personality in its decision. adds the lawyer. The context being that the National Rally is the leading party in France and that Marine Le Pen will most likely be its candidate for the 2027 presidential election.
However, Patrick Maisonneuve does not understand the « protestations » and the “screams of horror” in reaction to the additional penalty of ineligibility. “This is something quite common and for offenses that are of much lesser importance,” he emphasizes.
The prosecution points to a “fraudulent system”
As a reminder, Marine Le Pen is accused of having established with her father and FN executives, between 2004 and 2016, a system of remuneration using EU funds for assistants to MEPs who actually worked for the party. (as a bodyguard, graphic designer or secretary). She has always disputed these accusations.
According to the prosecution, the “fraudulent system” had “aim to make savings at all costs, to reduce the FN’s burden” who knew “at this time a tense financial situation”.
Read also: Indictment at the RN trial: “A system to divert EU funds for the benefit of the party”
The prosecution notably recalled the message from a parliamentarian to Wallerand de Saint-Just, the party treasurer: “What Marine is asking us is equivalent to signing for fictitious jobs […] » To which he replied: “I think Marine knows all of this…”
The European Parliament estimated its financial loss at 4.5 million euros, but only claimed 3.4 million (a part having been recovered by the European Parliament).
The RN denounces a “political” requisition
If this penalty is applied, “this would have the effect of depriving me of being a presidential candidate […]. Behind, there are 11 million people who voted for the movement that I represent. So tomorrow potentially, there are millions and millions of French people who would in fact be deprived of their candidate for the election. the head of the RN deputies pleaded during her trial.
The requisition of the prosecution is ” policy “ according to the vice-president of the National Rally, Sébastien Chenu, on the set of BFMTV this Thursday. He lambasted a floor “outrageous, unworthy and political”. “The political maneuver is obvious”, he insisted.
“It would be deeply shocking if Marine Le Pen were deemed ineligible and, thus, unable to stand before the vote of the French people,” For his part, said the former Minister of the Interior Gérald Darmanin.
After the closing arguments, the trial will resume on Monday, with defense arguments scheduled for two weeks. The judgment is not expected before early 2025.
