The Constitutional Council opens the way to new trials for François Fillon and Nicolas Sarkozy in the “fictitious jobs” and “Bismuth” cases
In a surprising legal twist, the Constitutional Council opened the way for possible new trials for François Fillon and Nicolas Sarkozy. The two former French political leaders were convicted on appeal in separate cases, but they both filed appeals to challenge their guilt.
Following the decision of the Wise Men of the Constitutional Council, the Court of Cassation will now have to draw the consequences of this decision in the coming months. She could thus order new appeal trials for the two men.
In the “fictitious jobs” case, François Fillon was sentenced on appeal in May 2022 to four years in prison, including one year, as well as a fine and ten years of ineligibility. His wife, Penelope Fillon, was sentenced to two years in prison. The former Prime Minister appealed to the Court of Cassation and his defense raised a priority question of constitutionality (QPC) linked to a fair trial.
François Fillon’s defense put forward a new reason for canceling the procedure after the end of the investigation, based on the declarations of the former boss of the National Financial Prosecutor’s Office (PNF) Éliane Houlette, citing “pressure” from her hierarchy. The Constitutional Council ruled that a paragraph of article 385 of the code of criminal procedure was unconstitutional, opening the way to new trials.
In the “Bismuth” affair, better known as the “wiretapping affair”, Nicolas Sarkozy was sentenced in May 2023 to three years in prison, including one year, for corruption and influence peddling. His historic lawyer, Thierry Herzog, as well as the former high magistrate Gilbert Azibert, were also convicted. The defense of Nicolas Sarkozy was also part of the QPC raised by François Fillon. The decision of the Constitutional Council thus offers the former president the possibility of asserting his rights before the Court of Cassation.
Nicolas Sarkozy will notably have to face other cases, such as that of the alleged Libyan financing of his 2007 presidential campaign. He will be tried on appeal in November in the Bygmalion affair, before appearing at first instance in early 2025 for the suspicions. of Libyan financing.
This decision by the Constitutional Council marks an important step in the legal journey of François Fillon and Nicolas Sarkozy. It opens the way to new trials and gives a glimpse of future developments in these cases which have marked French political life.