Despite her outrage, Le Pen risks a political ban that is increasingly common in France

By Gabriel Stargardter

PARIS (Reuters) -French far-right leader Marine Le Pen, who in two weeks will learn her fate in an embezzlement trial, says prosecutors demanding she face an instant five-year public office ban have waged an unheard-of assault on her presidential hopes.

The 56-year-old National Rally (RN) leader, who leads polls for the 2027 presidential vote, accuses prosecutors of seeking her "political death" by asking judges to bar her from office if convicted - effective immediately even if she appeals.

That, she says, is "completely disproportionate" compared to other cases.

However, ever since the passage of the Sapin II anti-graft law in 2016, a growing number of politicians convicted of corruption have received such bans, which may worry Le Pen as the March 31 verdict approaches.

"These precedents show that judges are in no way inhibited," said Philippe Petit, a lawyer who has represented several disbarred politicians. "The same thing can happen to her."

Le Pen, the RN and some two dozen party figures are accused of diverting over 3 million euros ($3.27 million) of European funds to pay staff in France. They say the money was used legitimately. RN spokesperson Laurent Jacobelli did not respond to a request for comment for this article.

Prosecutors Louise Neyton and Nicolas Barret's request for an immediate five-year bar on Le Pen, via the so-called "provisional execution" measure, electrified French politics.

Typically in France, sentences for non-serious crimes, or those committed by first-time offenders, are not applied until the appeals process has run its course. However, if judges apply a "provisional execution," the sentence begins immediately.

Judges can adopt, modify or reject the prosecutors' request.

At the request of a disbarred Mayotte councilman, France's constitutional court is analysing the legality of "provisional execution" in cases of ineligibility. A first hearing is on Tuesday with a final ruling due before April 3. A favourable decision would mean Le Pen stands little chance of being barred.

However, if convicted and given a five-year "provisional execution" ban, her only hopes of running will rest on her conviction and sentence being overturned before 2027.

Neyton and Barret said they sought a "provisional execution" against Le Pen and her co-accused for repeated efforts to play for time in a probe stretching back nearly a decade. An immediate ban would prevent repeat offences, they argued.

JUDICIAL OVERREACH?

Their push has led to accusations of judicial overreach by Le Pen allies and criticism from some mainstream politicians, including Prime Minister Francois Bayrou and Justice Minister Gerald Darmanin. It has also led to the prosecutors and a judge receiving death threats, Reuters reported, part of growing global frictions over judicial efforts to police politics.

Romania's top court recently barred far-right politician Calin Georgescu from running for president, prompting criticism from U.S. President Donald Trump's team.

Sapin II aimed to align France's anti-corruption rules with those of its peers and correct a widespread perception of impunity for France's graft-stained political class. The law made ineligibility an automatic punishment for all politicians convicted of corruption.

Ineligibility is not restricted to corruption and is also applied for other crimes including sexual offences, fraud and terrorism. In 2023, more than 16,000 people were ruled ineligible, up nearly 1,000% since 2019, according to Justice Ministry data.

Reuters could not ascertain how many politicians had been barred from office, as the data does not distinguish between elected officials and other professions.

Three disbarred politicians and lawyers told Reuters that prosecutors are increasingly demanding "provisional execution" ineligibility sentences, with judges often complying.

Brigitte Bareges, a right-wing former mayor of the southern town of Montauban, was convicted of embezzlement in 2021, and given a fine, suspended prison sentence and five-year political ban with "provisional execution."

"It was violent, brutal," she said. "I was so ashamed because all my life I've fought against corruption."

Bareges, who was acquitted on appeal, described her "provisional execution" sentence as a hit-job by a politicized judiciary. She said Le Pen has good reason to fear "leftist judges" who "may overstep objectivity ... to eliminate a presidential candidate who could well be elected."

The Justice Ministry did not respond to a request for comment.

CONFRONTATION LOOMS

Eric Landot, a lawyer who has written about the Le Pen trial, said if she is convicted, judges will struggle to strike a balance between showing the law is the same for everyone, while also avoiding accusations of political meddling.

Robin Binsard, a lawyer who represents disbarred politician Patrick Balkany, said "whatever decision the judges make, they will be strongly criticized."

But he said French lawmakers had struck an own goal by passing Sapin II: "They gave judges the tools to significantly encroach on executive power."

A senior RN source said Le Pen's powerful wingman, 29-year-old Jordan Bardella, would run in 2027 if she cannot, but added they believed she would not be barred.

For years, the RN has been seeking to cleanse its image by shedding anti-Semitic and racist elements, while also underlining its institutional bona fides. If Le Pen is barred, it could usher in a Trumpian era of confrontation between the RN – the largest party in parliament - and France's institutions.

"The risk with this kind of thing is that by constantly attacking the people, one day the people will rise up," said Paul Baudry, the former mayor of Bassussarry in southwest France, who was convicted of graft in 2020, and given a 10-year "provisional execution" ban.

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(Reporting by Gabriel StargardterAdditional reporting by Elizabeth PineauEditing by Richard Lough and Andrew Cawthorne)