Case moves to highest court

The legal case involving Marine Le Pen and her co-defendants in the "parliamentary assistants of the National Front" affair has reached the Court of Cassation, France's highest judicial authority. Lawyers for Le Pen and the eleven other defendants, along with the National Rally party and the European Parliament, have submitted appeals against a July 7 Paris court of appeal conviction for "misappropriation of public funds."

Defense submits final arguments

The defense had requested an extension to prepare their case but was denied by the Court of Cassation. As a result, on October 15, the last possible day, the defense lawyers submitted their memoranda to contest the conviction.

Legal arguments focus on law's applicability

Le Pen's legal team plans to argue that Article 432-15 of the Penal Code, which governs "misappropriation of public funds," does not apply to European parliamentarians, who are not considered "persons entrusted with a public service mission." They also intend to challenge the classification of funds allocated to pay assistants as "public funds."

Multiple parties involved in appeals

Thirteen appeals have been filed, including those from the eleven defendants, the National Rally as a legal entity, and the European Parliament as a civil party. The defense lawyers expressed concerns over the complexity of the case, noting that the court of appeal's decision spans 341 pages, which they argue warranted a longer deadline for preparation.

Court aims for timely decision

Rémy Heitz, the prosecutor general of the Court of Cassation, has indicated that the court aims to rule before the first round of the presidential election, which is expected in January. Defense lawyers have warned that this timeline creates a "race against the clock."

Legal process may involve constitutional questions

The defense also plans to file Prior Constitutional Questions, which could further complicate the legal process. In a typical case, these questions would take three months to examine before the rest of the case is discussed, but the Court of Cassation may choose to address them all at once to expedite the process. Once the rapporteur's report is completed, the Court will set a hearing date. A month after that, the Court of Cassation is expected to deliver a final decision on Le Pen's case. If the conviction is upheld, she will be definitively convicted; if overturned, she will face a retrial.