A first for a former President of the Republic. The conviction of Nicolas Sarkozy in the wiretapping affair was confirmed on Wednesday by the rejection of his appeal by the Court of Cassation. This brings the former head of state to a final sentence: three years of imprisonment, one year of which is closed.
He felt that he was not “decided to accept this profound injustice” and launched a final procedure before the European Court of Human Rights (ECHR) in order to condemn France for having listened to his private conversations. The former head of state will nevertheless serve his sentence under an electronic bracelet at the request of his lawyer.
What the law says
Commonly called “electronic bracelet”, home detention under electronic surveillance (DDSE) is a method of executing a sentence imposed following a judgment. It was created by the law of March 23, 2019, in force since March 2020.
The electronic bracelet is used for short prison sentences, in order to relieve congestion in remand centers. “If the sentence handed down or the firm part of the sentence handed down is more than six months and less than or equal to one year of imprisonment, it must decide, if the personality and situation of the convicted person permits, that the sentence will be carried out in all or part under the regime of home detention under electronic surveillance, semi-liberty or outside placement,” the law specifies in particular. In the case of Nicolas Sarkozy, no contraindications seem to be known.
Next steps
The prosecution must now refer the matter to a sentence enforcement judge (JAP) who will have to determine the exact terms of execution. He must summon the former head of state to a meeting, in principle within 20 days (but this period may vary), so that the latter gives information on his family and professional situation. The JAP will thus determine the outing times during the week and on weekends.
This is when it is useful for a convict to announce a job he would hold. The sentence enforcement judge can order house arrest between 7 p.m. and 7 a.m. for example, thus allowing the convicted person to maintain his professional life. Overall, and apart from the Sarkozy case, the judge facilitates the procedures if they allow the convicted person to act in favor of his reintegration.
Nicolas Sarkozy being a former head of state, he always goes to many public events, such as commemorations or birthdays, or is invited to conferences. How generous will the magistrate be to enable him to maintain these activities entirely or in part?
To find out, we must wait for the JAP to issue its order – which cannot be appealed – where all the practical arrangements for detention under electronic surveillance will be developed. He has four months after the conviction to do so, but these deadlines may change because Nicolas Sarkozy must face a new trial in January in the case of Libyan financing of his victorious 2007 campaign.
Putting on the bracelet
On the day the bracelet is fitted, surveillance agents, who depend on the prison administration, will go to Nicolas Sarkozy’s home. Concretely, they will install the ankle bracelet and adjust the box plugged into an electrical outlet. It should only ring if the former head of state leaves his home at the times defined by the JAP order.
A possible request for parole
If Carla Bruni’s husband wants to change his place of residence or if he wants to travel abroad, he must request prior authorization from the JAP. Sentence reductions can also be granted by the judge based on reports from the prison integration and probation service (Spip) which monitors the convicted person on a day-to-day basis.
Furthermore, Nicolas Sarkozy will be able to request conditional release before halfway through his sentence, because he will celebrate his 70th birthday on January 28. The request is not necessarily granted.
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