No, the 2016 Sapin 2 law is not at the origin of the sentence of immediate ineligibility to which Marine Le Pen was condemned – Liberation

Since the announcement of the judgment in the case of fictitious parliamentary assistants of the FN (now RN), for which Marine Le Pen was tried with 24 other people, and was sentenced Monday, March 31among others, at five years of ineligibility with provisional execution, the untruths flock to the texts that founded this sentence. Many commentators, whether in political or media spheres, argue that the decision of the judges would be based on a law passed in 2016, known as « Sapin 2 law », which provides for a mandatory ineligibility sentence in the event of conviction for acts of embezzlement – the offense of which Marine Le Pen was found guilty.

Except that this is false: the Sapin 2 law did not found the sentences pronounced on Monday. This text voted under the chairmanship of François Hollande, and carried by his minister Michel Sapin, has very precisely entered into force on December 11, 2016. His provisions were therefore initially applicable within the framework of the RN trial, since the facts pursued were spread from July 1, 2004 to December 31, 2016. At the same time, all the case, the case entered the field of the Sapin law 2. with relaxes « Pronounced for three contracts signed in January 2016 (prosecuted until December 31, 2016) »as well as indicated in the deliberation consulted by Check.

The magistrates explain it very clearly, when it is time to decide on the penalty of ineligibility. « The facts of embezzlement of public funds and /or complicity of this offense for which the defendants were declared guilty, taking into account the partial relaxes pronounced, ended no later than February 15, 2016 and not on December 31, 2016 », Is it stated in the deliberation. With the direct consequence that « The provisions of (the Sapin 2 law) which make the pronouncement of the additional penalty of ineligibility against in particular in particular of any person guilty of public funds are not applicable in this case ».

In short, the Sapin 2 law is not « At origins » of the sentence of ineligibility pronounced against Marine Le Pen, contrary to what both political figures suggest, but also certain media (Here an article by Public Senate). Moreover, during the interview granted by Marine Le Pen At 8 p.m. TF1Monday evening, the presenter of the JT Gilles Bouleau himself contempt himself by retorting the interviewee: « There are twenty days of recovery during which what was accused of (fell under the law) in December 2016. » The boss of RN deputies had just exposed, right: « The Sapin 2 law (…) was dismissed by the (president of the court) because this law is after the facts which are accused of. »

Although the judges were unable to rely on the law entered into force at the end of 2016, they were based on previous French law to pronounce the penalty of ineligibility. Long before the adoption of this text – since a law of July 23, 1992 -, the penalty of ineligibility could already be pronounced When a person depositary of the public authority was sentenced to having diverted public funds (or more broadly for any breach of his duty of probity). The contribution of the Sapin 2 law lies in what it has made compulsory the pronouncement of this sentence against persons recognized guilty of these offenses. From now on, The penal code provides that if the judges decide not to pronounce ineligibility, they are required to specialize their decision, « In consideration of the circumstances of the offense and the personality of its author ».

Admittedly, Marine Le Pen and his co -accused therefore received an ineligibility sentence in accordance with the law prior to 2016. But in deliberation, the magistrates still refer to the Sapin 2 law, stressing in passing that they followed « the spirit ». What this sentence illustrates in particular: « If the penalty of ineligibility was not compulsory at the time of the facts whose defendants are declared guilty, the later laws nevertheless illustrate the will of the legislator to better sanction the shortcomings to probity to restore the confidence of citizens towards public officials. »

Note that Marine Le Pen, while having reason to note that the Sapin law had been dismissed because after the alleged facts, also brandished a false argument on TF1. She said that the Sapin 2 law involved a « Automatic application of provisional execution to ineligibility ». However, this text has not changed the rules in terms of provisional execution, that is to say of the immediate application of the sentence. As already explained Checkthese are other provisions, also prior to the Sapin 2 law, which allow the criminal judge to match the penalty of ineligibility of the provisional execution. Here we must refer to the code of criminal procedure, where the different sentences can be listed « Be declared enforceable by provision »among which is ineligibility.