French prosecutors call to make Le Pen ineligible in 2027 election
The sentence depends on if the court agrees, and how it would hand down the ruling if so
Marine Le Pen has appeared in court in connection with the case
Victor Joly / Shutterstock
Prosecutors in France have called for far-right politician Marine Le Pen to be sentenced to five years in jail, including two years in a closed prison, and to be disqualified from running for office for five years.
The demand comes as part of the trial into the Rassemblement Nationale’s (RN) parliamentary assistant scandal. Those in the dock are accused of the alleged misuse of parliamentary funds, and a ‘fake jobs system’ for parliamentary assistant contracts between 2004 and 2016.
Prosecutors say the assistants worked exclusively for the party outside parliament.
Read more: Marine Le Pen’s trial for misuse of EU funds starts in Paris
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The prosecution made the request on Wednesday, November 13, and also asked that Ms Le Pen pay a fine of €300,000. If the court agrees, the sentence could bar the RN chairwoman’s plans to run for president again in 2027.
It comes after a law that came into force on December 11, 2016 states that any elected representative found guilty of misappropriating public funds (or complicity in it) must be disqualified from office for five years, unless the court expressly grants an exemption.
The alleged acts in the case would therefore just fall under this law (by just 20 days). This appeared to come as a surprise to the defence, Le Figaro reported.
‘Provisional execution’
The outcome also depends on whether the court hands the sentence down with or without “provisional execution”.
Without it, the defence can appeal as soon as the sentence has been handed down, which would suspend its application. With it, the sentence applies as soon as it is handed down, even in the event of an appeal.
Provisional execution is rarely used in the first instance, Le Figaro says, but the court can choose to impose it if it wishes.
While a five-year ban on running for office would bar Ms Le Pen from running for president in 2027, she could remain as an MP. She would theoretically only need to resign as an MP in the event of a final conviction, after a possible appeal.
‘Violent and outrageous’
Ms Le Pen has, unsurprisingly, criticised the suggested sentence. She called the prosecution’s case “violent” and “outrageous”, and accused prosecutors of “wanting to deprive the French people of the ability to vote for whoever they want”.
Addressing the trial last month, Ms Le Pen said she was innocent. "I have absolutely no sense of having committed the slightest irregularity, or the slightest illegal act," she said.
The prosecution also called for heavy sentences for the others accused in the case, including (but not limited to):
Louis Aliot, mayor of Perpignan: 18 months‘ imprisonment, of which 12 months would be suspended, €30,000 fine, three years' ineligibility.
Thierry Légier, presented by the prosecution as Jean-Marie and then Marine Le Pen's bodyguard (and not parliamentary assistant, accused of the alleged handling of stolen goods worth €717,000): 18-month suspended sentence, €70,000 fine, two years ineligibility.
Yann Le Pen, Marine's sister (accused of the alleged handling of stolen goods of €417,000): 18-month suspended sentence, €50,000 fine, two-year ineligibility.
Wallerand de Saint-Just, former FN treasurer: three years‘ imprisonment (two suspended), €200,000 fine, five years’ ineligibility.
The defence team will take their turn in the case from Monday, November 18, and the trial is set to end on November 27. Yet, it is expected to be several months before the court’s decision is made public.
