In an unexpected twist, however, prosecutors did not insist that the ban should be immediately implemented. This could offer her a theoretical long-shot back into the race, but it appears legally complex and politically risky.
Le Pen herself did not signal any major shift in the case. In remarks to BFMTV, Le Pen said the prosecution in the appeal was “following the path taken” during the first trial.
The court is due to make a final decision on the appeal this summer.
When it came to her narrow route back to the presidential race, the prosecutors said the court should not impose the five-year ban immediately because there was insufficient proof that the three-time presidential candidate could commit further crimes if she is not sanctioned immediately.
This means that, even if found guilty at appeal, Le Pen could still try to have the penalty lifted by bringing the case before a top court.
The supreme court which would look into the case, the Cour de Cassation, said it would examine the legal challenge and make a final ruling before the 2027 election “if possible.” That timing could be politically problematic for Le Pen, if the top court does not come to a decision until shortly before the race.