Former president Nicolas Sarkozy was sentenced to three years in prisonof which one to be discounted with the electronic bracelet. The French Court of Cassation has his lawyers’ last appeal was rejectedmaking the sentence final. This verdict represents an unprecedented event in the history of Francebeing the first time that a former head of state has been definitively sentenced to a measure of limitation of freedom. Sarkozy, 69 years old, will find himself soon before the judge for the execution of the sentencewhich will define the terms of use of the electronic device. However, as he turns 70 next month, he will be able to apply to avoid serving his sentence.
The “Bismuth” case and the corruption accusations
The legal case that led to Sarkozy’s conviction, known as the “Bismuth” case, dates back to 2014. The former president was accused of having entered into a “corruption pact” with his longtime lawyer Thierry Herzog and Gilbert Azibert, a senior magistrate of the Court of Cassation. The goal of the pact was to obtain confidential information and influence a judicial decision in the Bettencourt casein exchange for the promise of an honorary position for Azibert in the principality of Monaco. Despite the accusations, the defendants have always denied wrongdoing, underlining that the influence peddling did not materialize, as the magistrate never received the requested favor.
An appeal to the European Court
Sarkozy’s lawyerswhile formally accepting the sentence, have already announced an appeal to the European Court of Human Rights. According to Patrice Spinosi, the former president’s lawyer, European jurisprudence contrasts with what was established by the French Supreme Court. “It is the first time in France that a conviction has been issued solely on the basis of telephone communications between a lawyer and his client, intercepted and used against the latter. This represents a violation of fundamental freedoms.”
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