How Nicolas Sarkozy could have his indictment canceled...

Nicolas Sarkozy was indicted on Wednesday after his custody on Tuesday. This is just the start of a

legal proceedings which could be very long for the ex-president. 

For Nicolas Sarkozy, the best defense is still the attack. A few hours later his indictment, in particular for corruption and influence peddling, theformer head of state has never ceased to denounce, on the set of TF1, the facts of which he is accused. There is therefore no doubt that he will try to have his indictment quashed, as was the case in the Bettencourt case. This could indeed hinder his return to the forefront of the political scene.

• 1^re option: request the cancellation of the indictment before the end of the investigation

During his televised intervention, Nicolas Sarkozy promised to announce at the end of the summer if he intended to resume political responsibilities. If so, the next deadline will be the end of November when the congress of the UMP will appoint the new president of the UMP.  

If he wants to try to get out of his legal troubles before that date, Nicolas Sarkozy has six months to a request for the annulment of his indictment. “This period allows him to study all the elements of the file to which he now has access, explains the criminal lawyer Me Grégory Kagan. This process can take a little time because he must transmit all his requests for nullity at once: he cannot first request the cancellation of his indictment and then that of such an expertise and then of another". Once the nullity request has been submitted, the investigation chamber is two months old to give his answer.  

If she refuses - believing that the indictment is based on serious and consistent evidence - Nicolas Sarkozy has the possibility of appealing to the Supreme Court. He can send a "reasoned request" to the Court to request that his file be examined as a priority. "I would not be surprised if he gets it if he highlights the fact that his professional project needs to be exonerated," says the criminal. In this case, the case is considered within a few weeks, otherwise it may take a few months. The Court of Cassation validates or not the judgment of the investigating chamber.  

• 2^e option: wait for the judges to cancel the indictment on their own

At the same time, the judges are continuing their investigation. The Code of Criminal Procedure provides that the investigation be carried out within one year. However, the judicial information having been opened on February 26, 2014, the investigation could therefore be completed in the first quarter of 2015. "In reality, this period may be exceeded if the investigation is not completed, especially when no one is taken into custody. Judges only need to issue an order to explain the reasons for this delay", explains the lawyer.  

Once the investigation is completed, the investigating judges issue a notice of end of investigation. The parties therefore have three months to present their case (this period is reduced to one month in the event of detention). "At that time, Nicolas Sarkozy can request a dismissal if he considers that he has been unjustly indicted". The prosecution submits its requisitions and an additional month may be granted to respond to these requisitions.  

Anyway, the final decision is up to the investigating judges: in their settlement order, they can decide not to refer Nicolas Sarkozy to a criminal court and therefore to lift the indictment. And this, even if the chamber of instruction or the Court of Cassation had initially opposed it. “The judges have advanced in their investigation, the elements available to them are therefore no longer the same as during the indictment”, explains Me Kagan. It is in particular what happened during the Bettencourt affair. If they consider on the contrary that they have enough incriminating evidence, they can order the referral to correctional.  

This decision can sometimes be quite long because the criminal procedure code does not provide for any particular time limit. "But in this kind of fairly high-profile case, the judges are on average quite reactive!", Assures the lawyer.  

• Hope for release during a trial

If the indictment is not lifted at the end of the trial, Nicolas Sarkozy will therefore go to court to defend his case. However, it can take several years before the trial takes place. "When a person of the case is detained, the six-month deadline is respected. But when this is not the case, the defendants can sometimes wait two or three years before being tried, depending on the backlog of the Chamber “, assures the lawyer. The trial could therefore be held in 2017... year of the presidential election.

 

source: Lexpress.fr

Further information :

Crashdebug.fr: Nicolas Sarkozy indicted for active corruption