The judge could avoid the ineligibility of Le Pen. But he wanted to stop it

Four years in prison, two of which with the conditional and the others with the electronic bracelet, the payment of a fine of 100 thousand euros and especially five years of ineligibility. The sentence against Marine Le Pen He continues to make discuss and could not be otherwise. The leader of the Rassemblement National (RN) was sanctioned as part of the trial for the alleged fraud of the EU parliamentary assistants and the president of the eleventh chamber specialized in financial crimes – Benedictte de Perthuis – said that “it seemed necessary to assign the penalties of ineligibility with the provisional execution” because “it is a matter of ensuring that the elected ones, like all the other citizens, will not benefit from a regime of a regime of a regime. preferential “.

A blow to democracy According to many, so much so that the sentence was also harshly criticized by the rivals of the Le Pen, starting from Jean-Luc Mélenchonfounder of La France Insoumise: “The decision to remove an elected representative should be up to the people”. Also the premier Francois Bayrou -certainly not a dangerous extremist-instead he said he “troubled” from the sentence, while the Republicain, with Francois-Xavier Bellamy, said that yesterday’s date “will remain a very dark day for French democracy”.

Understandable and common sense reactions, considering that France boasts it to be “the home of the declaration of human rights”. Evidently yesterday it was not a great day for propagandists of this kind. Because for the leader of the RN does not seem to be worth the presumption of innocence until the end of the third degree of judgment. A sentence that risks depriving millions of French of a candidate president who would have started with the favors of the prediction based on the surveys. Yet in Paris a first instance judge has the right to be able to leave an indelible imprint on politics.

By entering the detail of the sentence, the formula is that of “Exécution Provisoire“, That is, of the provisional execution of ineligibility, which precludes the possibility for the pens of running for the Eliseo in 2027. The motivation of the togas is as follows: “To avoid the risk of recurrence”namely that the crime is committed again, and the possible “Disturbance of public order” caused by the fact that “a person already condemned at first instance is candidate for the presidential elections”.

All this has the flavor of a pen defeat via judicial and not in the polls. The complaint also came from the left, as previously specified. Nobody had invoked his ineligibility before the sentence, indeed, nobody had ever dreamed of making controversies on his possible candidacy for the Elysée. The debate does not concern the case of presumed fraudwhich in any case will be the subject of appeal, but the provisional execution of the inextriction. The judges could apply it, but also not. And they applied it aware of the political impact he would have had. Without forgetting the other side of the medal: a sentence like this creates frustrations, resentment and anger. Isn’t this a factor that “disturbs public order”? And who will feed the trial against the politicalization of justice?

THE previous they do not help. At the beginning of the year, another French political party was accused of embezzlement of public funds, we speak of the center -like democratic movement (modem), in coalition with the Renaissance party of President Emmanuel Macron. The togas established compensation of 300 thousand euros for using the funds of the deputies to finance the party. Unlike what happened with Le Pen, the party leader – the aforementioned Bayrou – was acquitted.

With great calm and common sense, the Le Pen has not fueled this dangerous spiral but has decided to react, both for judicial reasons and for political reasons. The hope is to run for the Elisha in 2027. According to Le Figaroaccording to the usual terms, the second degree process could be held at least in a year and a further three months will be needed for the pronunciation of the verdict, that is, just before the presidential vote of 2027. On appeal, politics could escape immediate inexiverability, allowing them to be theory to apply for the Elysée al PhotoFinish. In order for this to take place, they are imposed on tight timing and the conditions of a candidacy seem complicated.

It must also be said that the Le Pen was condemned as she would have required a time. Yes, because in the past the leader of the RN invoked the “life” ineligibility for all the condemned politiciansregardless of the crime. In a video that is rapidly circulating on French social networks, we see politics in 2013, during a transmission on Public Sénat, express its thoughts: “When we learn the lesson and introduce the prohibition of life for anyone who has been sentenced for acts carried out during or in relation to their mandate?”. And again: “I heard President Hollande say that the condemned life should be made to life. They agree, it is also part of my presidential project. But he refers only to corruption and tax fraud, and why not the other crimes? Why not for favoritism, undue appropriation of public funds, or fictitious uses?”. Valga as an example: the policy that delegates to the judiciary the task of deciding who can be a candidate and who is not, based only on first instance sentences, has a piece of guilt. Who is the cause of his pain, cry himself.