PARIS — The electronic monitor that Marine Le Pen now must wear, even if she decides to run for the presidency, is a measure that’s common in France, in part to ease prison overcrowding.
A Paris appeals court on Tuesday declared the far-right leader guilty of embezzlement and fined her 100,000 euros ($114,000). But it reduced her ban on elected office from five years to 45 months — two-thirds of which are suspended.
The court said the one year is to be served under house arrest with an electronic monitor.
France suffers from persistent prison overcrowding and worsening detention conditions, according to the European Committee for the Prevention of Torture. Monitors keep from adding to that problem.
Under French law, electronic home detention requires a person to wear an electronic ankle monitor and prohibits them from leaving their home, or another designated location, except during the hours authorized by the judge.
The designated location and the periods during which the person must remain there are determined by the court or by the judge responsible for the enforcement of sentences.
Such a device makes it difficult to conduct a political campaign, but not impossible.
Following Le Pen’s conviction, a specialized judge will decide in the coming weeks or months how Le Pen’s electronic monitoring will be carried out, including the residence where she must serve the sentence and the hours she will be permitted to leave.
The law provides that “during the period of sentence adjustment, the convicted person may be eligible for sentence reductions of up to six months per year,” and even conditional release, the appeals court stressed in a statement.
Depending on when the monitor is fitted on Le Pen — a process that could take several months — she could be free of it for the final months of the campaign. France will hold the first round of its next presidential election on April 18, with a runoff set for May 2.
“The appeals court has decided to make a (presidential) bid possible, so the decision must be respected,” said Céline Bertetto, president of the national association of sentence enforcement judges. “Regarding sentence reductions: For a one-year sentence, there can be a six-month reduction, but she must comply with the permitted hours of movement and pay the criminal fine.”
Le Pen repeated last week she would not run for president next year if the appeals court ordered her to wear an electronic monitor.
“If I can be a candidate, I will be a candidate, provided that I am able to campaign,” Le Pen said in an interview with LCI channel. “Because if I’m allowed to be a candidate but am effectively prevented from campaigning freely, then you understand that wouldn’t be possible.”
Asked specifically whether an electronic monitor would be the main obstacle, she replied: “Well, of course. I can’t be dependent on a judge to authorize me to go hold a campaign rally … or to visit a market.”
Le Pen, 57, left the courthouse without speaking. She may share her thoughts later Tuesday in an evening television interview.
Former French president Nicolas Sarkozy wore an electronic monitor last year after he was convicted to a year in prison in a corruption case. He was filmed leaving to go jogging with the device. He was granted conditional release, which allowed him to remove the electronic tag, after just over three months.
At the time, French media reported that he was authorized to leave his home between 8 a.m. and 8 p.m. This authorization was reportedly extended until 9:30 p.m. on Mondays, Wednesdays, and Thursdays, to make sure he could attend a separate trial.
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Petrequin reported from London. John Leicester in Paris contributed.