The jailing of Sarkozy starts a new conversation about French political justice before Le Pen’s appeal

France is more divided than ever over how judges handle cases of political wrongdoing because of former President Nicolas Sarkozy’s prison term. This comes just months before far-right leader Marine Le Pen tries to overturn an embezzlement conviction and run for president.

Thursday, a court in Paris shocked the political world by giving Sarkozy a five-year sentence for criminal plot for trying to get money from Libya for his campaign. He is about to become the first president since the war to be jailed.

In France, the decision showed that no one was above the law, according to Ludovic Friat, president of the USM, the largest union for prosecutors and judges. However, some may question the court’s motivation.

“There will clearly be a before and after this decision,” he stated. “Some people always see judges getting involved in politics when there are high-profile political and financial trials.” I’m sorry that this is used as an excuse too often, taking attention away from the real crimes that were committed.

Judges are cracking down on wrongdoing in politics

As Sarkozy left court, he said again that he was innocent and that the decision would make people less trusting of France’s courts.

“What happened today … is of extreme gravity in regard to the rule of law, and for the trust one can have in the justice system,” said he.

Sarkozy’s prison term starts right away, but the former president has a short time to get his life in order. He can’t get out of jail while he files an appeal, like some other French politicians have done in the past.

Lawyers and lawmakers told Reuters that because appeals can take years and give people in power a sense of freedom, judges are giving out more and more “provisional execution” sentences that start right away.

Reuters talked to the head of another judicial union, Judith Allenbach. “For several decades, there has been a growing democratic demand for honesty among elected officials.”

She said that 89% of jail terms of more than two years were carried out before there was an appeals process. She also said that judges were following rules passed by parliament that required harsher punishments for this kind of crime.

The Paris prosecutor’s office said on Saturday that it had started looking into dangerous messages sent to the head judge in this week’s decision on Sarkozy. This shows how tense things are.

The lead judge in the case that led to Le Pen’s conviction earlier this year also got threats and was put under police protection.

WHAT DOES IT MEAN FOR LE PEN?

There was a “provisional execution” for Le Pen in March after she was found guilty of stealing EU funds as the leader of the far-right National Rally (RN) party. She was banned from politics for five years, so she can’t run for office again until 2027.

Le Pen said that Sarkozy’s conviction showed that “the generalization of provisional executions by certain jurisdictions represents a great danger.” Her January appeal will decide if she can run for office again in 2027.

Lawyers for the courts said that Le Pen and Sarkozy’s cases were different and that it was impossible to say how one could affect the other.

Friat said that the Sarkozy decision showed that courts were determined to fight political crime.

He said of Le Pen, “I can understand her concern,” but he made it clear that he didn’t know what the appeals court would rule.

Le Pen’s supporters say that judges are harsher on right-wing leaders. They point to the case of Francois Bayrou, the former centrist prime minister who was found not guilty of fraud last year for allegedly misusing EU funds.

The plight of Le Pen also caught the attention of U.S. President Donald Trump, who called her a victim of “lawfare” and sent a diplomatic team to help.

“NOTE: YOU MUST BE HONEST”

A right-wing former mayor named Brigitte Bareges was found guilty of theft and banned from politics for five years with “provisional execution” in 2021. On review, she was found not guilty.

“What we see today is that the justice system – or at least a part of it – has become the weapon of those in power,” she added. “Once, I had faith in justice; today, I’m afraid.”

When asked for a comment on Bareges’ comments, the justice ministry did not reply right away.

According to Gerard Larcher, the conservative leader of the Senate, there is rising debate in society about the “provisional execution” of a conviction while appeals have not yet been exhausted. Larcher shared this concern.

But politicians on the left praised Sarkozy’s decision.

“Being honest and following the law is not just expected of people in public.” Manuel Bompard of the France Unbowed party said, “It also goes to those in power.”

PM Sebastien Lecornu said in Le Parisien on Friday that “if a law gives rise to debate, it is up to parliament to address it.” This came after calls for the “provisional execution” measure to be thrown out.