Will Jean-Noël Guérini have to leave his functions in the Senate? The Minister of Justice, Eric Dupond-Moretti, on Friday seized the Constitutional Council with a request for forfeiture of the mandate of senator of Bouches-du-Rhône, the chancellery told AFP on Monday, confirming information from the newspaper Provence.
Sentenced for illegal taking of interest on May 28 by the Marseille Criminal Court to three years in prison including 18 months suspended, 30,000 euros fine and five years of ineligibility, Jean-Noël Guérini appealed and will be retried autumn by the Aix-en-Provence Court of Appeal.
Last electoral mandate
The court having pronounced the provisional execution for this additional sentence of deprivation of civil rights, Jean-Noël Guérini should normally give up his post of senator, his last electoral mandate, unless obtaining the suspension of this provisional execution by filing a request to the first president of the court of appeal.
Asked by AFP at the beginning of June, the Senate had estimated that “if the person concerned lodges (a) appeal, he (she) keeps (a) his mandate until the court decision has become final”, referring in particular to a decision rendered in 2009 by the Constitutional Council in a case concerning the former senator and president of French Polynesia Gaston Flosse. In this Guérini case, the constitutional council could decide to stay the ruling, the conviction of the senator from Bouches-du-Rhône not being final either.