France, Sarkozy convicted of corruption: three years in prison, one with an electronic bracelet

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Former French president Nicolas Sarkozy was sentenced to three years in prison for bribery of a magistrate and influence peddling, including one without parole and with an electronic bracelet, for the so-called “Bismuth” affair.

Together with his lawyer Thierry Herzog, the former head of state was found guilty of having made a pact in 2014 with Gilbert Azibert, a senior magistrate of the Court of Cassation, in order to obtain information and influence another case in which he was involved , the Bettencourt affair.

Instead, the former French president allegedly promised Gilbert Azibert “help” to obtain a position important in Munich. The three men were sentenced to three years in prison, with Herzog banned from practicing as a lawyer for the same period.

Sarkozy’s lawyer declared that his client “will take his case to the European Court of Human Rights in the coming weeks, to obtain the guarantee of the rights that the French judges have denied him”, while ensuring that “he will obviously respect ” the definitive sentence to the electronic bracelet. In a month, however, Sarkozy will turn 70 and will be able to ask not to serve the year of the electronic bracelet.

This is an unprecedented sentence for a former French head of state.

Sarkozy’s conviction contested by the defence, appeal announced to the EU Court of Human Rights

The Court of Cassation, the highest French court responsible for the correct application of the law, has ruled out any judicial irregularity in this long trial and Sarkozy’s lawyers’ appeal against the final sentence on appeal was rejected.

Although Thierry Herzog’s lawyer, Emmanuel Piwnica, believes that the case was tainted by “illegalities”, “deficiencies” and “violations of fundamental rights”.

In particular, defense lawyers dispute the legality of the wiretaps of Nicolas Sarkozy, claiming that his private exchanges with Thierry Herzog cannot be “used against him”.

“Nicolas Sarkozy cannot be criminally convicted on the basis of the exchanges he had with his lawyer,” said his lawyer Patrice Spinosi, citing a ruling from the European Court of Human Rights of 16 June 2016.

In fact, Sarkozy intends to appeal to the European Court of Human Rights to appeal.

This decision comes as a new trial against Nicolas Sarkozy opens on January 6, to examine suspicions of Libyan financing of his 2007 presidential campaign.