How France sets a precedent by imprisoning its former president

A former French head of state has been sentenced to actual imprisonment (or a restriction of liberty) for the first time in history.

Former French President Nicolas Sarkozy has been definitively sentenced to three years in prison (two on probation) for "corruption" and "influence peddling" in the so-called wiretapping case.

On Wednesday, 18 December, the Court of Cassation, the supreme court for civil and criminal cases in France, upheld the verdict of the Court of Appeal issued in May 2023.

The one-year actual prison term imposed on Sarkozy will be served at his home under electronic monitoring with restrictions on movement.

This is not the end of the troubles for the former president, known for his friendship with Vladimir Putin. Read more in the article by Radio France Internationale – Punishment for a president: why Nicolas Sarkozy was imprisoned.

On Wednesday, 18 December, the Court of Cassation upheld the conviction against Nicolas Sarkozy in the "wiretapping case," which was initiated in 2014 after investigators intercepted calls between Sarkozy and his lawyer, Thierry Herzog.

The first-instance court issued a verdict in 2021. In May 2023, the Court of Appeal confirmed the sentence, which Sarkozy appealed to the Court of Cassation– the final instance. The court has now brought the judicial process to a close.

Sarkozy, along with two co-defendants, his former lawyer Thierry Herzog and former prosecutor Gilbert Azibert, has been convicted of corruption and influence peddling.

All three received the same sentence: three years of imprisonment (two on probation), with one year to be served at home under electronic monitoring.

Additionally, Sarkozy is banned from voting, running for public office or holding positions in the justice system for three years.

Since Sarkozy will turn 70 on 28 January, French law allows him to apply for parole before serving half of his sentence. This request can be made during the first meeting with a sentencing judge or at a later stage.

However, legal experts caution that such requests are reviewed on a case-by-case basis and are not always granted.

Sarkozy is the first former French president to personally face trial. In 2011, former President Jacques Chirac received a two-year suspended prison sentence for financial misconduct, but the verdict was issued in his absence.

The key distinction here is that Sarkozy has become the first former French president to receive (albeit formal) an actual prison sentence.

This final verdict in the "wiretapping case" comes just weeks before another criminal trial scheduled for 6 January, where Sarkozy will face charges of allegedly receiving campaign financing from Muammar Gaddafi’s regime during the 2007 presidential election.

In this case, Sarkozy faces up to 10 years in prison on charges of passive corruption, illegal campaign financing, criminal conspiracy, and concealing the embezzlement of Libyan state funds.

Additionally, Sarkozy is awaiting an appeal in the fall for another case involving the "illegal financing" of his 2012 presidential campaign.

Lastly, there is an ongoing preliminary investigation into the so-called Russian money case, which adds to the list of scandals linked to the former French leader.