Translated material
C'est la elections
The prosecutor's office demanded that Marine Le Pen be deprived of the right to participate in the presidential race, and a sentence of 5 years looms
Marine Le Pen. Photo: Zuma TASS
On the evening of November 13, during the trial taking place in the Paris Criminal Court, state prosecutors demanded that Marine Le Pen, the owner of the far-right National Rally party, be sentenced to five years in prison (of which three years are suspended), to five years of deprivation of the right to be elected and a fine of 300,000 euros.
If the verdict is confirmed, the three-time presidential finalist (2012, 2017 and 2024) could lose her right to participate in the upcoming 2027 campaign. Prosecutors in their indictment specifically emphasized the requirement for the “preliminary execution” of the punishment in the form of a ban on election: that is, if the court upholds the requirement, it will take effect immediately, regardless of whether Ms. Le Pen files an appeal.
The prosecution insists on the “central role” played by Le Pen in organizing a system of theft of funds from the European Parliament through the creation of fictitious jobs.
The “system” is very simple: according to the prosecutor’s office, on Marin’s instructions, about two dozen people who did not work in these positions were appointed as assistants to European deputies. In total there are 25 people “in the dock”.
For each, the prosecutor's office demanded deprivation of the right to election (from 2 to 5 years), fines (up to 200 thousand euros) and various terms - conditional and real, which, however, can be “requalified”. As, for example, is the case with Marin herself, whose two years of “real imprisonment” can be replaced by wearing an electronic bracelet. That is, 56-year-old Le Pen will definitely not go to prison in this case.
The National Association has already accused the prosecutor’s office of “serving the political interests” of the current government, and opponents of the far right have called on them to “respect justice.” The trial has been taking place in the new building of the Paris Palace of Justice since early October and is due to last until November 27, after which the court will retire to hand down verdicts, which could take several months.
Now - more about the parties’ arguments and reactions.
Prosecutor: “The European Parliament was their cash cow”, the punishment should serve as an example
Prosecutor Louise Neuton emphasized (quoting from Le Monde and AFP) “the absolutely unprecedented nature of this case, in terms of its scale, amounting to millions of euros (almost 4.5 million, according to the prosecution - Ed. ), which is fifteen times more than in the case (of the centrist party close to Macron. - Ed.) MoDem *; its duration spanning twelve years <…> and perhaps even more; and its organized, systematic nature. We saw a real military machine controlled by the party leadership for the systematic appropriation of allocated amounts, down to the last crumb <…>. In violation of the most basic rules. They did and intended to continue to make the European Parliament, to put it prosaically, their cash cow. This serious and sustained attack on the rules of democracy requires a demonstrative response.”
According to Neuton, in addition to using this “European” money for the “intra-French” interests of the party (“Partisan enrichment”, which allowed the National Rally “to finance its growth, influence and propaganda for many years”), it was also used for the personal enrichment of those close to the mistress parties. Each MEP is allocated 21 thousand euros per month to pay for the work of assistants...
“There was a direct interest of the main culprits in maintaining a comfortable lifestyle for Marine Le Pen’s friends: 4-5 thousand euros a month for her sister**, her faithful secretary and ambitious young people from (Marine’s) inner circle,” the prosecutor assured.
And she asked the court to pay special attention to the defendants’ disrespectful attitude “toward public funds obtained from the pockets of their own constituents,” as well as the “deliberate and obvious disrespect” “displayed by the defendants during the investigation and at the hearings.” She added: “They don’t see, they don’t want to see, they enthusiastically make fun of the illegality of their actions.”
Another prosecutor, Nicolas Barre, separately “dismissed” the surface accusations of “political bias.” Admitted: such sentences (if the court upholds them) “will prohibit the defendants from participating in future local or national elections.” But he emphasized: “Should the judiciary bear responsibility for its influence on democratic life? No. It only establishes offenses; the law is the same for everyone.”
Marine Le Pen: the goal of the prosecutor's office is to "deprive the French people of the right to vote" for me
Ms. Le Pen herself, leaving the court, condemned the “cruelty” and “outrage” of the indictments. She stated: “The only thing the prosecutor’s office was interested in was Marine Le Pen to demand that she be excluded from political life.” And she condemned “the desire of the prosecutor’s office to deprive the French people of the opportunity to vote for whoever they want,” as well as the intention to “destroy the party.”
Chairman of the National Association, 29-year-old Bardella, spoke out on the social network X, adding to his “post” a photograph in which Marine Le Pen tenderly hugs him on stage during a rally. He wrote: “The prosecutor’s office is not guided by justice, but by frenzy and (thirst for) revenge against Marine Le Pen. Her scandalous demands are aimed at depriving millions of French people of the right to vote in 2027. This is an attack on democracy."
Jordan Bardella did not specify what motives prosecutors Barre and Neuton have for revenge. But it is clear that in the event of Marine Le Pen’s “disqualification,” it is Jordan who has the greatest chance of becoming a presidential candidate from their far-right party.
He himself so far refuses to comment on this prospect, but Marine Le Pen has already commented on the eve of the final speech of prosecutors (quote from AFP): “I see smiles and gnashing of teeth: “Oh, if only we could get rid of Marine...” The bad news for them is is that even if you do, you won't be able to get rid of Jordan. And I'm glad about it..."
The defendants' appearances in court are due to begin next Monday, November 18. Although their lawyers promise “surprises,” the main line of defense is already known. As Alexander Varo, a lawyer and official representative of the National Association, said before the start of the trial, “we will be able to explain to the court that assistants to deputies are not employees of the European Parliament, but employees of members of the European Parliament, and that as such they are subordinate to their member of the European Parliament,” who “himself must determine how he wants to conduct his policies."
“When you appropriate <...> four and a half million euros to the detriment of the European Parliament and, therefore, taxpayers, especially French ones, you are not making a scandal about the indictment,” Patrick Maisonneuve, a lawyer for the European Parliament, said on BFMTV , leaving the courtroom .
During the process, the EP itself increased its claims and now, instead of 2 million, is demanding that the party compensate 3.4 million, since the National Association has already compensated for the rest “in pre-trial order.” In particular, Marine Le Pen herself agreed to pay 330,000 euros last year. At the same time, her lawyer emphasized that she was doing this not in connection with an admission of guilt, but “to avoid the forced execution of an administrative decision” and “hopes” to return this money in the event of an acquittal.
Gérald Darmanin, formally right-wing, but in many statements quite far-right ex-Minister of the Interior (whom Macron appointed to this post (2022–2024), among other things, to create another counterweight in response to the growth of the electoral results of the National Rally) expressed “regret” about the demands of the prosecutor’s office. He called “shocking” the scenario in which his main opponent “would not be able to advance” in the next presidential election. He emphasized : “Marine Le Pen needs to be defeated through the ballot box, and not somewhere else.”
Darmanen himself, now a deputy from Makron’s party, has difficulty hiding his desire to become one of the candidates in the 2027 elections.
However, his next words (“Let us not be afraid of democracy and avoid further widening the gap between the “elite” and the vast majority of our fellow citizens”) contain an indication of what really needs to be feared.
Even if Le Pen is guilty (and judging by the evidence presented, she is), depriving her of the right to be elected will most likely only lead to an increase in her popularity.
So if the court has to make a “political decision,” it will consist in denying the prosecutor’s office its, in fact, key requirement.
It is important to recall that according to the French law of 2016, in cases of embezzlement of public funds or complicity in this crime, deprivation of the right to vote and the right to hold public office is mandatory, and not optional, as was previously the case. The law provides for only one exception: in the case of “special motivation” for this decision on the part of the judges. However, even if Le Pen is deprived of the right to be elected, the court may reduce this period from the 5 years required by the prosecutor’s office, for example, to a year or two. A decision is expected in the spring of 2025. Presidential elections are scheduled to take place in April-May 2027. When considering the scenarios, we should not forget that the decision of the trial court could theoretically be significantly changed during the appeal, which theoretically could be considered in 2026.