The case will therefore be re-judged fully, without the slightest constraint.
The National Financial Prosecutor's Office (PNF) will cross-appeal the decision of the Paris court on Monday, which sentenced Nicolas Sarkozy to prison in the so-called "eavesdropping" case, we learned Thursday after PNF.
This appeal, which follows that of the former head of state and his co-defendants, will allow the court of appeal to have full latitude to re-judge the case, including going beyond the sentences handed down. in the first place.
Nicolas Sarkozy condemned: a scathing judgment for facts "of particular gravity"
According to the law, in the absence of such an appeal from the public prosecutor, a court of appeal cannot pronounce heavier sentences than at first instance.
In a historic decision Monday, Nicolas Sarkozy was sentenced by the 32nd correctional chamber for corruption and influence peddling to three years' imprisonment, one of which is closed.
The judicial process is still long
His lawyer Thierry Herzog and the former high magistrate Gilbert Azibert were inflicted the same sanction, along with a five-year ban on practice for Me Herzog.
Having become the first ex-head of state to be sentenced to prison, Nicolas Sarkozy immediately announced that he was going to appeal, just like Thierry Herzog and Gilbert Azibert.
The “eavesdropping” case should be retried in 2022, then the three men would then have the possibility of lodging an appeal in cassation.
They face ten years in prison and a fine of 1 million euros.
Wednesday evening on TF1, the former president said he was the victim of a "deep injustice".
He had already said in the morning in Le Figaro that he did not rule out going before the European Court of Human Rights (ECHR) if he did not win his case.
While some of his supporters had spoken of "political justice", Nicolas Sarkozy refused to use these words.
If several on the right questioned the role of the PNF in this trial, the former president assured that he was not asking "for the dissolution of any institution".
"I will fight until the end so that the truth triumphs", he assured, declaring also: "I am used to undergoing this harassment for ten years".
Earlier, in a rare speech, the president of the judicial tribunal of Paris had called "solemnly" "to respect the judicial institution", after strong criticism against the judgment.