The hearing for Nicolas Sarkozy’s request for release will take place on November 10 before the Criminal Division of the Paris Court of Appeal, within the deadlines set by the judiciary. The judges will determine whether the former French president can remain free until his trial begins, expected before March 25.
According to procedure, Sarkozy’s defense lawyers are expected to invoke Article 144 of the Code of Criminal Procedure, arguing that the former president does not meet any of the conditions that justify continued pretrial detention. They will also argue that pretrial detention is fundamentally different from the execution of a sentence after a final conviction, even when the latter results from a first-instance ruling.
If the court grants his request, the judges could impose restrictions such as electronic monitoring, strict judicial supervision, or posting a bail bond. Similar measures have been applied in other cases — for example, Wahid Nasser, who was convicted under a comparable regime of supervised provisional release.
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