France: Marine Le Pen’s Dreams Of Running For President Crushed Forever?

This week, the Paris prosecutor's office during a trial in the EU fund embezzlement case, requested a five-year prison sentence and a five-year ban from election for the accused, Marine Le Pen (56),  the high-profile ex- president of the far right Rassemblement National (RN) or National Rally. This trial began 10 years after initial investigations  were carried out. The National Rally fears that its hope to make Le Pen President of France in 2027 have been diminished due to this trial.

What is the next legal step?

Starting Monday, the lawyers of Marine Le Pen and the 24 other defendants will pledge their case. The trial is scheduled to end on  November 27. But  the judgment is expected only  early 2025. What if Le Pen is convicted? If she  is found guilty she could face a prison sentence, with or without suspension, which could theoretically be up to ten years. The prosecution has requested a five-year prison sentence, three of which can be reduced. The two-year fixed portion of the sentence that is being requested is convertible, meaning that the leader of the far-right party would not physically be in prison but could be placed under an electronic tag.

The prosecution demanded a fine of 300,000 euros which could go up to 1 million. As for her political party, deemed a legal entity, it demanded 4.3 million euros, of which 2.3 million could be suspended with 2 million to be paid immediately. Can she be prevented from running for president? She could be under a law of 2016 which makes the application of the ineligibility sentence mandatory and automatic in the event of embezzlement of public funds. If the court finds her guilty, it could however ``by a specially motivated decision" decide not to apply this sentence. But this option has been rejected by the prosecution, which wants the ineligibility sentence be accompanied by provisional execution, meaning that it be applied immediately even in the event of an appeal from Le Pen. This could prevent her from running in the 2027 presidential election.

Normally, sentences are suspended while the defendant appeals. In the case of Marine Le Pen, the prosecution justified its demands in the name of “preventing repeat offences”and “protecting public order.” During the hearing, prosecutor Nicolas Barret explained that “the law applies to everyone” and that “justice cannot be held accountable for each person's political ambitions.” Taking into account the current time frames for procedures at the Paris Appeal Court and at the Court of Cassation, the French Supreme Court, it is even possible that there will be no final decision before the 2027 presidential election.

How did Marine Le Pen react to the requisitions?

The far-right leader’s anger was expected. “I think the prosecutor's intention is to deprive the French people of the ability to vote for who they want,” and to “ruin the party,” said the outraged three-time Presidential candidate. In the event of a judgment against her, the far-right MP has already warned that she would appeal. Her supporters followed suit. “The prosecution is not in the business of justice; it is in the business of vengeance against Marine Le Pen,” tweeted the RN’s president, Jordan Bardella on social network X. Many RN elected officials published photos of themselves on social networks with Marine Le Pen with the hashtag #JeSoutiensMarine meaning #IsupportMarine. The far-right party has even launched a petition in support of its female boss.

Many European countries have rules providing for ineligibility in the event of a conviction by the court of law. In Germany, a person sentenced to at least one a year of imprisonment automatically loses his or her right to be elected and to contest elections for a period of five years. In Ireland, anyone serving a prison sentence of more than six months is ineligible for election for the entire period of the sentence. In the United Kingdom, according to a 1981 law, people serving a prison sentences of more than one year are effectively ineligible  during their imprisonment, as are those who have been convicted of illegal electoral practices or offences relating to political donations. On the other hand, some countries, such as Sweden or Finland, do not provide for automatic ineligibility in the event of a conviction by the courts.