Nicolas Sarkozy Could Walk Free Just 20 Days After Beginning Prison Term

A Paris court is expected to decide Monday whether former French President Nicolas Sarkozy will be freed from prison only 20 days after beginning his sentence. The 70-year-old former leader, who served as president from 2007 to 2012, was convicted in September of criminal conspiracy in connection with illegal financing of his 2007 election campaign through funds allegedly linked to Libya.

Sarkozy, who has consistently denied wrongdoing, was sentenced to five years in prison—three of them suspended—and began serving his term on October 21. He is the first modern French president to serve actual time behind bars. His legal team filed an immediate appeal and has since requested early release pending that process.

The Legal Basis for Sarkozy’s Possible Release

The Paris court that sentenced Sarkozy determined the prison term should begin immediately. However, under Article 144 of France’s criminal code, pre-appeal detention is meant to be an exception rather than the rule. The law generally favors release unless the individual poses a danger to others, presents a flight risk, or could interfere with witnesses or evidence.

Sarkozy’s lawyers argue that he poses none of those risks and has provided assurances he will comply with judicial conditions. If approved, he could leave La Santé Prison in Paris within hours under judicial supervision.

The former president’s appeal trial is expected next spring. In the meantime, his legal team maintains that the decision to imprison him before that hearing violates both due process and proportionality.

The Conviction and Libya Connection

In its ruling, the court found Sarkozy guilty of using his influence as both interior minister and presidential candidate between 2005 and 2007 to set up a secret financing network that sought to channel Libyan funds into his campaign. The case centered on meetings between Sarkozy’s close allies—Claude Guéant and Brice Hortefeux—and senior Libyan officials, including Abdullah al-Senoussi, the intelligence chief and brother-in-law of former Libyan ruler Moammar Gadhafi.

While judges concluded that a “corruption plan” existed, they also acknowledged that there was no direct proof the alleged funds were actually used in the 2007 campaign. The court nonetheless ruled that Sarkozy’s actions constituted conspiracy and influence peddling at the highest levels of government.

Sarkozy’s defense insists the allegations are politically motivated and fueled by figures loyal to the late Gadhafi. He claims the accusations are revenge for France’s role in supporting the 2011 NATO-backed intervention that led to Gadhafi’s downfall.

Sarkozy also notes that he was acquitted of three related charges, including passive corruption and illegal campaign financing, emphasizing that the court failed to establish a clear financial trail between Libya and his campaign.

More Legal Battles Ahead

Monday’s hearing is only one part of Sarkozy’s ongoing legal troubles. France’s highest court, the Court of Cassation, will rule on November 26 regarding his separate conviction over excessive spending during his failed 2012 re-election bid. In that case, an appeals court sentenced him to one year in prison, with half suspended, for exceeding France’s campaign spending limits by nearly double.

He also faces new preliminary charges in a related case alleging witness tampering connected to the Libya investigation. French prosecutors say Sarkozy and his wife, Carla Bruni-Sarkozy, tried to influence witness Ziad Takieddine, who initially accused him of receiving illegal Libyan payments before later retracting his claims.

Sarkozy has also been convicted twice before—once in 2021 and again in 2023—for corruption and influence peddling after attempting to bribe a magistrate in exchange for confidential legal information. Although sentenced to a year under electronic monitoring, he was released early due to his age and health.

Despite mounting legal challenges, Sarkozy continues to maintain his innocence and portrays himself as the target of a political vendetta. His supporters argue that his imprisonment is unjustified and that France’s judiciary is punishing him for his political legacy. The coming days will determine whether he remains behind bars or walks free once again.