Twelve hours of hearing, almost a record in this field, and new legal troubles. After his long confrontation with the judge on Tuesday, Nicolas Sarkozy has been placed under investigation for “illegal financing of election campaign.” He is suspected of having, as a candidate in the presidential election of 2012, exceeded the legal spending limit. Facts that the former Head of State acknowledged and for which it has already paid a fine of more than 360 000 euros fine.
However, on the flap “Bygmalion”, the name of the case of false invoices charged to the former UMP during the campaign of 2012, he was placed under assisted witness status. Nicolas Sarkozy ensures never having had knowledge of the fraud scheme. Supporters of the former president Wednesday rejoice decisions of justice, even to propose an interpretation that may seem hasty.
What does this indictment for “illegal financing campaign”?
For sarkozystes. According to lawyer Nicolas Sarkozy, Thierry Herzog and several of his supporters as Senator Republicans Pierre Charon, this indictment is based only on “a purely formal breach”. The elements are in fact not new: the Constitutional Council has already rejected the campaign accounts of the former Head of State in July 2013 and has validated exceeded a financial penalty imposed on him. The fine was paid by the UMP. But the subject of a criminal investigation for “breach of trust”, Nicolas Sarkozy has finally repaid his party.
Why it’s more complex. In a statement, the prosecution does not specify how much money the investigating judge accepted the illegal funding manager. However, as underlined Le Parisien , the estimation of exceeding 466,118 euros issued by the Constitutional Council in 2013 might overlap a tiny part of reality.
Over the course of their investigations, the judges have since discovered a “presidential line” in the UMP budget in 2012 amounting to 13.5 million euros expenses. Only 3 million was reflected in the campaign accounts. Does this mean that Nicolas Sarkozy has exploded its ceiling more than 10 million euros? The question still remains unresolved.
A last consideration may be challenged, really?
For sarkozystes. Herzog master of logic, Nicolas Sarkozy can not be prosecuted for “illegal financing” because it has already paid a fine to the Commission of the companion accounts, validated by the constitutional Council. The principle: a person can not be tried twice for the same offense.
“The decisions of the supreme court [the Constitutional Council, Ed] is subject to appeal by any judicial authority,” even advance Pierre Charon on Twitter. The debate is in effect similar to that of the trial Cahuzac: former minister disputes the fact that it can be punished both fiscally and criminally. Europe 1, Nicolas Sarkozy’s lawyer said however still “think” the hypothesis to file a priority question of constitutionality (QPC). He assures that he will “challenge the indictment” of his client but does not specify how.
Why it’s more complex. According to the master Eolas lawyer, the debate over the double sanction looks complex. “I am pessimistic. We will have to prove that the sanction of the companion Accounts Committee is the same as the criminal charges laid,” says lawyer blogger. Illegal fundraising is criminally liable to one year in prison and a fine of € 3750. Can we consider that a pecuniary administrative sanction and that of the Audit Board, a substitute for imprisonment? The question to be decided.
“It is also necessary that the facts alleged against Nicolas Sarkozy are identical. The Board of Auditors considers that exceeded the ceiling of his accounts. But for justice, the problem may be he falsified its accounts. The facts are somewhat different, “observed master Eolas yet.
What does this witness status under investment in the assisted Bygmalion component?
For sarkozystes. Nicolas Sarkozy was under the assisted witness status for heads of “forgery, fraud and breach of trust” in the pane false billings charged to the UMP. His fervor fans will go their interpretation. For the spokesman of the Republicans, Valérie Rosso-Debord, the status of assisted witness “recognizes the innocence” of the former president. For the No. 2 party, Eric Woerth, “the truth is that Nicolas Sarkozy came out of the case known Bygmalion”.
Why it’s more complex. In reality, assisted witness status does not mean cleared of all suspicion. This means, however, that there are “clues making probable that the individual has been involved in the commission of offenses.” “This is an intermediate status: it remains suspect and questioned but can not be subject to coercive measures has been created just for politicians Expressions’ charged ‘and’ indicted.. ‘were considered too infamous “explains master Eolas. If the judge had no suspicion, it was possible to place him under Nicolas Sarkozy tout court witness status.
An assisted witness may be indicted in the investigation as it may ultimately get a dismissal. In the case Bettencourt, the pattern was more complex since Nicolas Sarkozy was successively placed under assisted witness status, indicted before eventually get a dismissal. According to the blogger lawyer, if the end of the statement on his campaign account, no new information concerning him had been admitted, it can not be referred to a court, contrary to many indicted in the Bygmalion case.
Nicolas Sarkozy can he escape a trial before 2017?
For sarkozystes. The defenders of the former President believe in any case that there is “no obstacle” to a candidacy of Nicolas Sarkozy to the primary of the right and center in November. “Getting into consideration does not mean presumption of guilt, let alone condemnation”, for example, stressed the MP Eric Ciotti LR on France Info.
Why it’s more complex. An indicted can indeed compete with the Supreme function. A person sentenced for that matter. The Nicolas Sarkozy’s lawyer did not fail to point this Wednesday morning on Europe 1, designed and Alain Juppé, already convicted in a case of fake jobs and candidate for the primary. But in terms of public opinion, the holding of a trial could be disastrous for the image of the former president. According to Master Eolas, given the long lead times audiencement rather in Paris, there is little likelihood that a trial for illegal fundraising or for Bygmalion case be held before 2017. “And if Nicolas Sarkozy is elected, everything is suspended until the end of the mandate because of presidential immunity, “says the lawyer.
However, in the case of plays, in which the former head of state was indicted in 2014 for “active corruption” in particular, the judicial calendar may be less favorable. March 22, Nicolas Sarkozy will know if he is sent to the criminal court. If this is the case, a trial could be held in full during the presidential campaign.
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