what was contained in the ruling that allowed the former president to leave prison

The former head of state was released on Monday afternoon, after almost three weeks in detention in La Santé prison. He is now under court supervision.

Nicolas Sarkozy left La Santé prison on Monday, November 10 afternoon, to return home following his release by order of the Paris Court of Appeal. The former president, whose detention after he was convicted of criminal conspiracy in Libya’s funding of his 2007 campaign caused much ink to be spilled, is now under judicial supervision that bans him from leaving French territory.

In its decision, which franceinfo was able to consult, the Paris Court of Appeal detailed what went into consideration for freeing Nicolas Sarkozy and placing him under judicial control. The document states “representative guarantee” during appeal hearings but also risks “pressure” from the defendant with “ability to operate different country services”. This is what we must remember from the decision that allowed Nicolas Sarkozy to leave prison.

Not enough risk to withstand it

The Paris Court of Appeal noted that Nicolas Sarkozy, because of his French roots through his family as well as his career and heritage, did not pose a risk of evading French justice. The former president always attended court summons. “It does not arise from the request of the public prosecutor, or from the motivation of the first judge leading to the stay of detention order that there would be a risk of insufficient representative guarantees”the appeals court noted.

According to article 144 of the Criminal Procedure Code, further detention is only possible if this is the only way to protect evidence, prevent pressure, prevent escape or recidivism or protect the defendant. Therefore the judges did not find “that there will be, at the appeal stage, risks of concealment of evidence, pressure, consultation and repetition which cannot be countered by judicial control”.

Obligation to reside in France

During the hearing, Nicolas Sarkozy explained his need to travel around the world to give speeches as part of his speech “speaker”who participated in 2.3 million euros “non-commercial income” that he stated for 2023. But the appeals court noted that “Several defendants and several former leaders of the Libyan regime during the time of Muammar Gaddafi lived abroad”.

Additionally, Nicolas Sarkozy is currently charged with harboring witnesses that damaged broker Ziad Takieddine, who died in September, as part of an ongoing judicial investigation. Therefore, the court considered the possible risk of pressure or consultation from the former President of the Republic “having, naturally, facilities” to contact the leaders of foreign countries.

Ban on contacting Gérald Darmanin

In the document, the appeals court focused on a 2013 exchange between the former president and the director of the internal intelligence center at the time, Patrick Calvar, on the genesis of the Libyan events: “It is the principle of communications with officials subject to defense confidentiality that questions the court.” The judges also stated that Nicolas Sarkozy was definitively condemned for influence peddling in the Bismuth affair, which involved judges at the Court of Cassation, and “demonstrates its ability to carry out various state services”.

To preserve “calmness of debate”the court specifically prohibited him from having contact with the current Minister of Justice, Gérald Darmanin, who visited him in Health prison shortly after his detention. He was also prohibited from discussing with any member of the Minister of Justice’s Cabinet or the justice executive who might benefit from information regarding procedures involving Nicolas Sarkozy.

As a reminder, Nicolas Sarkozy appealed his sentence in the first instance. It was the detention order with temporary execution decided by the court that led to his detention. Appeal hearings could open from March 2026, although an official date has not yet been announced.