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Nicolas Sarkozy under official investigation after questioning Nicolas Sarkozy under official investigation after questioning
(about 5 hours later)
Former French president Nicolas Sarkozy was put under official investigation for corruption and misuse of influence late on Tuesday after 15 hours in police custody.Former French president Nicolas Sarkozy was put under official investigation for corruption and misuse of influence late on Tuesday after 15 hours in police custody.
Sarkozy was "mis en examen" in a Paris court on allegations that he directly or indirectly used his power in an attempt to find out information about legal proceedings against him.Sarkozy was "mis en examen" in a Paris court on allegations that he directly or indirectly used his power in an attempt to find out information about legal proceedings against him.
The respected French financial publication Les Echos described it as a "spectacular measure" that comes as the former leader is planning his political comeback.The respected French financial publication Les Echos described it as a "spectacular measure" that comes as the former leader is planning his political comeback.
Sarkozy's lawyer, Thierry Herzog, and a French magistrate are also now under official investigation. The two accusations carry sentences of up to 10 years in prison.Sarkozy's lawyer, Thierry Herzog, and a French magistrate are also now under official investigation. The two accusations carry sentences of up to 10 years in prison.
After questioning Sarkozy on Tuesday at the police headquarters in Nanterre on the outskirts of Paris, the investigating magistrates heading the corruption inquiry decided there was enough evidence to put the former leader under official investigation.After questioning Sarkozy on Tuesday at the police headquarters in Nanterre on the outskirts of Paris, the investigating magistrates heading the corruption inquiry decided there was enough evidence to put the former leader under official investigation.
There is no exact equivalent of "mis en examen" or putting under formal investigation in British or US legal systems; the nearest is being charged or arraigned. Only an investigating judge can decide to put a suspect under formal investigation, and only if he or she finds "serious and concordant" suggestions of law-breaking.There is no exact equivalent of "mis en examen" or putting under formal investigation in British or US legal systems; the nearest is being charged or arraigned. Only an investigating judge can decide to put a suspect under formal investigation, and only if he or she finds "serious and concordant" suggestions of law-breaking.
Investigators will seek to establish whether Sarkozy, who is involved in a total of six separate legal cases, tried to obtain information about an investigation being carried out over whether he received illegal campaign donations for his successful 2007 presidential bid, including from former Libyan dictator Muammar Gaddafi and France's richest woman Liliane Bettencourt, the L'Oréal heiress. As the aftershock spread through French political circles, François Hollande, who unseated Sarkozy as president after just one term in office in 2012, cautioned that the "independence of the justice system" and the "presumption of innocence" must prevail.
It was while investigating the donations that detectives tapped the phones of Sarkozy and his lawyer Herzog. They are alleged to have heard the pair discussing an attempt to get information about the case from a magistrate in return for offering him a high-level role in Monaco. A former prime minister from Sarkozy's centre-right UMP party, François Fillon, said it was important "light was shone" on the case as quickly as possible. "Not just for a man who is going through a painful ordeal, but for a country that it sinking into a confidence crisis," Fillon said. "As a former president of the republic, he has the right to respect".
The case was sparked by information that allegedly emerged after detectives tapped Sarkozy's mobile phone as part of a separate investigation into alleged illegal political campaign donations.
Investigators claimed the secretly taped conversations suggested the ex-president and his lawyer Herzog were trying to obtain information from magistrates about the campaign donation case and, most damagingly, had allegedly offered one magistrate a high-powered job in Monaco if he passed on legal secrets.
Sarkozy has always denied any wrongdoing.Sarkozy has always denied any wrongdoing.
"These events only rely on phone taps ... whose legal basis will be strongly contested," said Paul-Albert Iweins, lawyer for Herzog."These events only rely on phone taps ... whose legal basis will be strongly contested," said Paul-Albert Iweins, lawyer for Herzog.
Being mis en examen gives the suspect's lawyer access to the documents of the case. After the investigating judge has concluded their inquiry - which can take years - the suspect is either brought before a court for trial or released without charge.Being mis en examen gives the suspect's lawyer access to the documents of the case. After the investigating judge has concluded their inquiry - which can take years - the suspect is either brought before a court for trial or released without charge.
Investigators are also looking at the financing of Sarkozy's unsuccessful 2012 presidential campaign. He lost to the Socialist François Hollande. Investigators are also looking at the financing of Sarkozy's unsuccessful 2012 presidential campaign.