Il Nuovo Postiglione - French court to decide if ex-president Sarkozy can leave jail

A lower court in September found the right-winger -- who was head of state from 2007 to 2012 -- guilty of seeking to acquire funding from Moamer Kadhafi's Libya for the campaign that saw him elected, and sentenced him to five years behind bars.

The 70-year-old entered jail on October 21, becoming the first former head of an EU state to be incarcerated, and his lawyers immediately sought his release.

The Paris Appeals Court is to examine that request from 8:30 GMT, with Sarkozy making an appearance via video call, and is expected to make a decision during the day.

If the court approves his request, he could be immediately released.

The lower court on September 25 ordered Sarkozy to go to jail, even if he appealed, due to the "exceptional gravity" of the conviction.

But the appeals case means that Sarkozy is now presumed innocent again, and the court will therefore be evaluating his need for pre-trial detention.

Under French law, he can only be kept behind bars if no other way can be found to safeguard evidence, prevent witness tampering, stop him from escaping or reoffending, or to protect him.

Otherwise, Sarkozy will be allowed out under judicial control, and perhaps put under house arrest with an electronic ankle tag.

- Piles of letters -

The former president, who is married to singer and model Carla Bruni, has spent more than two weeks in solitary confinement.

But two bodyguards are occupying a neighbouring cell to ensure his safety.

Prison wardens have said the move is an insult to their profession, but Interior Minister Laurent Nunez has said it is necessary in view of his "status" and "the threats against him".

Sarkozy late last month also received a visit from Justice Minister Gerald Darmanin, despite warnings from France's top prosecutor Remy Heitz that it risked "undermining the independence of magistrates" before the appeals trial.

Sarkozy is the first French leader to be incarcerated since Philippe Petain, the Nazi collaborationist head of state, who was jailed after World War II.

His social media account last week posted a video of piles of letters, postcards and packages it said had been sent to him, some including a collage, a chocolate bar or a book.

"No letter will go unanswered," his account announced. "The end of the story has not yet been written."

On the day he entered jail, a large crowd sang the national anthem outside his home and urged him to "come back quick".

- Legal woes -

Sarkozy has faced a flurry of legal woes since losing his re-election bid in 2012, and has already been convicted in two other cases.

In one, he served a sentence for graft -- over seeking to secure favours from a judge -- under house arrest while wearing an electronic ankle tag, which was removed after several months in May.

In another, France's top court is later this month to rule over accusations of illegal campaign financing in 2012.

In the so-called "Libyan case", prosecutors said his aides, acting in Sarkozy's name, struck a deal with Kadhafi in 2005 to illegally fund his victorious presidential election bid.

Investigators believe that in return, Kadhafi was promised help to restore his international image after Tripoli was blamed for the 1988 bombing of a plane over Lockerbie, Scotland, and another over Niger in 1989, killing hundreds of passengers.

The court convicted Sarkozy of criminal conspiracy over the plan. But it did not conclude that he received or used the funds for his campaign.

E.Spicuzza--INP