From the bottom of his cell in Fleury-Mérogis (Essonne), Patrick Balkany can hope for freedom in early July.
But nothing is settled, far from it.
He and his lawyers, Mes Romain Dieudonné and Robin Binsard, must once again convince the judges.
The hearing is scheduled for June 30, before the sentencing chamber of the Paris Court of Appeal, where the former elected official should appear by videoconference.
On May 30, he had already obtained his conditional release, granted by the sentence enforcement court of Évry (Essonne).
But the day after the judgment, the prosecution had appealed.
This has the effect of leaving the former mayor of Levallois-Perret (Hauts-de-Seine) behind bars so that he continues to serve his three-year prison sentence there for tax evasion until let the Court of Appeal decide.
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The Balkany, put to the test of prison
In the eyes of the public prosecutor, it was too early to allow Patrick Balkany to leave prison, in particular with regard to the “failures of the previous measure”.
These are the incidents noted when he was placed under an electronic bracelet.
The court of appeal can render its decision quickly after the hearing or a few days or even a few weeks later.
From the judgment of the Evry sentence enforcement court, she has two months to decide.
So no later than July 30.
The former mayor of Levallois could become free to move again this summer
Once again, Patrick Balkany's lawyers will therefore plead that their client has already served two-thirds of his sentence, that he is almost 74 years old, that his health is fragile and that the prison administration has issued a favorable opinion. when their client is released from detention.
Another argument: the state of health of his wife, who underwent major surgery at the end of May and has just returned to the couple's home, in Giverny (Eure), for her convalescence.
Isabelle Balkany had been hospitalized since the beginning of February, after she attempted suicide, then a long Covid which revealed lung cancer.
On paper, she also faces prison.
She is sentenced to the same three-year sentence for tax evasion and the justice revoked her adjustment of her sentence under an electronic bracelet, like that of her husband.
This is what led Patrick Balkany to Fleury-Mérogis on February 7, when the couple had been wearing the bracelet since March 2021 and could hope to be rid of it in March 2022 with, precisely, parole.
The Court of Appeal may decide to grant this measure to Patrick Balkany, who would then become free to move again this summer.
On the contrary, it can reverse the judgment of Évry and order a new arrangement under bracelet.
Or decide that the former mayor of Levallois-Perret remains in prison.
If he serves the end of his sentence behind bars, he would be released early next year.
