The judge Tournaire requires that he be judged in correctional. Judge Van Ruymbeke, cosaisi, is not of this opinion.
Strange twist of fate? In the wake of the sequence Fillon falls in the order of the judge Tournaire who requests the referral of a correctional Nicolas Sarkozy in the investigation into his campaign spending during the 2012 presidential election and the false billing of the communications company Bygmalion. It was signed on 3 February. Farewell the “truce of the confectioners” in an election period. Justice holds in her hand the fate of an election, in any case, one of the Republicans, whose leaders are aware of the setbacks in the cascades.
“We’ll plead the inanity of this order”, says Me Thierry Herzog, council of Nicolas Sarkozy. Which “denies both the material elements that the elements of intentional alleged against him by the judge.”
The lawyer clarifies “the” judge. Because as astonishing as it may seem, only the judge Tournaire has signed the order for reference, while the statement was collegial. The second responsible judge, Renaud Van Ruymbeke, which does not, however, to a tender, has decided to refrain from signing the document. It would provide no spaces for the element of intent that would justify a criminal trial for Nicolas Sarkozy.
“ READ: Sarkozy to the origin of the “drifts financial” of his campaign, according to the judge of instruction
The ex-head of State is here being prosecuted for “illegal financing of election campaign”. It is not alleged, as to the thirteen other players in the folder, to have knowingly used a accounting, cheated, abused, or orchestrated fraud. In his order, the judge wrote black on white that “the investigation has not established that he had ordered, nor that he had attended the meeting, nor even that he had been informed”. And this is not the fault of having attempted to demonstrate both the ways that have been released in this investigation have been significant. But since Nicolas Sarkozy was at the top of the pyramid, the judge Tournaire estimates that it has benefited, and that, therefore, he must answer for it. The exceedances alleged, it is true, are not negligible: more than 20 million euros on top of the amounts so authorized.
However, this divide between the magistrates of this level queries. Why hasten the procedure, so that the opportunity even prosecution still debate among the judges?
Already, on February 16, 2016, at the indictment of the former president in this folder, The judges Loire and Van Ruymbeke had demonstrated, by their abstention, their disagreement to deliver his charge. But since the judge Tournaire was the first judge, it could take the advice of his colleagues. What he has done. “What’s the good of collegiality so what?” it is said in Sarkozy.
The unilateral decision to send him back to trial in between, according to Me Herzog, in the field of the article 186-3 of the Code of criminal procedure. It states that: “When the information has been the subject of a cosaisine (the examined person and the civil party) may (…), in the absence of co-signature by the co-investigating judges cosaisis (…), appeal these orders.” The attorney has therefore filed an appeal as soon as Tuesday.
to Me, Herzog is pleased that the ordinance that it denies abandoned en route to the accusations of the public prosecutor’s office that wanted to show that Nicolas Sarkozy had “consciously reduced” their campaign accounts. Justice will retain it to the imprudence or negligence of the former head of the State? “This are not intentional”, reminds
The house of the statement can be put between two and six months to clear this litigation. If it confirms the order, the Court of cassation may then be entered to a new period of six to eight months can be. A long journey, uncertain, with a succession of other decisions expected in other folders. Nicolas Sarkozy is forced to deal with the judicial time.