Title: New twists and turns in the “fictitious jobs” cases: François Fillon and Nicolas Sarkozy could be retried
Introduction :
The Constitutional Council recently opened the way for possible new trials in the “fictitious jobs” cases involving former Prime Minister François Fillon and former President Nicolas Sarkozy. This decision is of capital importance as the two men, convicted on appeal, have submitted appeals to contest their guilt. In this article, we present recent developments in these cases and analyze the implications of this decision by the Constitutional Council.
Development 1: The facts and previous convictions
Let us briefly recall the facts: François Fillon was sentenced in May 2022 to four years in prison, including one year, and to a fine of 375,000 euros, as well as ineligibility for ten years, in the fictitious jobs affair. of his wife, Penelope Fillon. Nicolas Sarkozy, for his part, was sentenced in May 2023 to three years in prison, including one year, for corruption and influence peddling in the so-called “wiretapping” affair.
Development 2: Cassation appeals and the priority question of constitutionality (QPC)
Following their conviction on appeal, both François Fillon and Nicolas Sarkozy filed appeals to contest their guilt. In this context, François Fillon’s defense raised a priority question of constitutionality (QPC) linked to a fair trial. They put forward a new reason for canceling the procedure, revealed after the end of the investigation, in which the former boss of the National Financial Prosecutor’s Office (PNF), Éliane Houlette, had mentioned “pressure” from her hierarchy in the Fillon affair.
Development 3: The decision of the Constitutional Council and the possible consequences
In a recent decision, the Constitutional Council repealed a paragraph of article 385 of the code of criminal procedure, deeming it contrary to the Constitution in particular with regard to the “rights of the defense” and the “right to appeal”. This repeal opens the possibility for defendants, including François Fillon and Nicolas Sarkozy, to raise appeals, even after the end of the investigation. Thus, the Court of Cassation will now have to decide whether new appeal trials are necessary in these two cases.
Conclusion :
The cases of “fictitious jobs” involving François Fillon and “Bismuth” involving Nicolas Sarkozy are experiencing new developments following the decision of the Constitutional Council. If this decision opens the way to possible new appeal trials, it also raises questions about the impact on the judicial system and on the presumption of innocence of the accused.. We will therefore have to wait for the coming months to know the consequences of these cases and whether François Fillon and Nicolas Sarkozy will actually be retried.