Legislative: accusations, complaints, convictions… can the targeted candidates still present themselves?

Several legislative candidates have been convicted in the past, some are still in court, others are publicly accused but are not the subject of a complaint… What impact on their candidacy? ? We take stock.

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Several legislative candidacies made you react. Jerome Peyrat, LREM candidate sentenced in 2020 for violence against his ex-girlfriend. Taha Bouhafs, former Nupes candidate sentenced in 2021 for “public insult because of origin” and currently accused by a woman of sexual harassment (no complaint filed). Gérald Darmanin, LREM candidate targeted by a complaint for rape in 2017 which is now moving towards a dismissal.

But can these candidates run despite their troubles with the law and/or the public accusations against them? The rule is clear: if a candidate is not condemned to a sentence of ineligibility, he can present himself. None of the candidates above falls within this framework – Taha Bouhafs has made the decision to withdraw, the law did not oblige him to do so.

Very recent example: M’jid El Guerrab, ex-LREM deputy, has just been sentenced to three years in prison, one of which is firm, and two years of ineligibility for an assault in 2017. He must therefore give up on the legislative elections This year.

Certain crimes and misdemeanors lead to ineligibility

It was a promise made by Emmanuel Macron in 2017: to make election candidacies conditional on the presentation of a criminal record B2 virgin. A measure that stopped at the National Assembly stage who advanced a risk of unconstitutionality “.

Small change all the same: since the laws for the moralization of public life of September 2017, convictions for certain crimes and misdemeanors are necessarily associated with a sentence of ineligibility (the judge can always decide not to pronounce this sentence).

This concerns breaches of probity – embezzlement and embezzlement of property, electoral fraud, political party financing fraud, aggravated tax evasion, etc. – certain forms of violence, sexual assault, moral or sexual harassment and discrimination, such as indicates the site viepublique.fr.

Not “press offences”

On the other hand, convictions for press offenses – incitement to racial hatredapology for crimes against humanity… – are not affected by this ineligibility. The Constitutional Council considering “that this resulted in a disproportionate attack on freedom of expression”.

No ineligibility, therefore, for Éric Zemmour condemned for his remarks on unaccompanied minor migrants whom he called ” thieves, murderers and rapists “. He was able to stand for the Presidential as well as for the legislative elections.

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Legislative: accusations, complaints, convictions… can the targeted candidates still present themselves?

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