Nicolas Sarkozy’s imprisonment: How long can the former president remain in prison?
Sentenced to five years in prison for criminal association in the case of alleged Libyan financing of his presidential campaign, Nicolas Sarkozy has been incarcerated since Tuesday in Paris’s Santé prison.
In La Tribune on Sunday (New window), he reiterated that he was not afraid of jail. Nicolas Sarkozy will be imprisoned starting Tuesday, October 21, at La Santé, in the 14th arrondissement of Paris, almost a month after his five-year prison sentence for criminal association in the case of alleged Libyan financing of his 2007 presidential campaign. He was found guilty of allowing his two closest aides, Brice Hortefeux and Claude Guéant, to initiate talks in Libya with the aim of secretly financing his campaign through dictator Muammar Gaddafi.
Hundreds of people gathered in front of Nicolas Sarkozy’s residence to protest the prison sentence imposed on the former president. Henri Guaino attended the demonstration.
Although he has appealed his conviction, the former head of state remains in prison because his sentence is accompanied by a pretrial detention order, with provisional execution, given the exceptional gravity of the events. Given his imprisonment and that of other defendants convicted in this case, a new trial could take place in the spring of 2026, although a date has not yet been set. Until then, how long will Nicolas Sarkozy sleep in prison “with his head held high,” as he declared on September 25, immediately after the court issued its verdict?
A request for release “practically ready”
As soon as he is taken into custody, Nicolas Sarkozy’s lawyers have the option of submitting a request for probation and house arrest with an electronic bracelet. “It’s practically ready” and “will be submitted as soon as possible,” one of his lawyers told Franceinfo on Tuesday morning. This will be discussed during a hearing before three judges of the Criminal Appeals Court (a president and two assessors) in the presence of a representative of the prosecution and Nicolas Sarkozy’s lawyers. Sarkozy is not required to attend the proceedings, but may be removed from his cell to appear at the hearing, which is public.
“In an adversarial debate, the inmate requesting his release has every interest in being present,” Jérôme Pauzat, sentencing judge and president of the Love of Justice association, emphasized to franceinfo. The decision, which was reserved for his consideration, was issued quickly.
The appeals court has two months to consider a request for release; in Nicolas Sarkozy’s case, it expires on December 21st if he submits it on Tuesday. However, this is a deadline, and the hearing is expected to take place sooner. For example, in this case, Wahib Nacer and Alexandre Djouhri, two other defendants convicted and imprisoned on September 25, immediately filed appeals. According to Agence France-Presse, their release requests will be considered on October 27 and November 3, just over a month after their arrest.
Guarantees that Must Be Released
Is Nicolas Sarkozy’s release request likely to be approved? In order to decide, the courts must consider the seriousness of the charges against him. Judges can only reject a request if they consider that the detainee’s release carries several risks. Thus, according to the Code of Criminal Procedure (New window), prolonged pretrial detention is only possible if it is the “sole means” of preserving evidence, avoiding pressure on witnesses and victims or collusion with accomplices, preventing escape or reoffending, or protecting the detainee
When asked about the guarantees Nicolas Sarkozy offered for his release, a judicial source told Franceinfo that the suspect does not fit the profile of someone who will flee. Furthermore, she believes that, given the accusations against him, the risk of reoffending is limited.
“Treated as an accused like any other”
If his request for parole is denied, the former president of the Republic may submit a second, or even third, request. However, Nicolas Sarkozy cannot request parole due to his 70 years of age, as his sentence is not final. “But his age and state of health are arguments that his defense can present during the hearing for his release,” observes Jérôme Pauzat. “He is an accused like any other and must be treated as such.”
Furthermore, the former head of state awaits another judicial decision in the so-called “Bygmalion” case. After examining Nicolas Sarkozy’s appeal in early October, the Court of Cassation will decide on November 26 whether to admit or reject it. In the first case, a new trial could be opened before the Court of Appeal. In the second, Nicolas Sarkozy’s one-year prison sentence, six months of which are final, for the “illegal financing” of his 2012 election campaign, will be final. If he remains in prison, he will likely have to serve his sentence in prison… before being able to apply for parole this time.
