PARIS (AP) — A court in Paris is set to determine if former French President Nicolas Sarkozy will be released from prison on Monday, just 20 days after his incarceration. Sarkozy, who was sentenced to five years in prison for his conviction of criminal conspiracy, was found guilty of utilizing funds from Libya to finance his successful 2007 presidential campaign.

At 70 years old, Sarkozy stands as the first former president of modern France to face actual imprisonment. Previously, he had been convicted on separate corruption charges but was granted an alternative sentence that required him to wear an electronic monitoring device instead of serving time.

Sarkozy’s legal team is currently appealing his conviction and has submitted a request for early release. The appeal trial is expected to occur later, potentially in the spring. On Monday, the Paris court will review his petition for release, with a decision anticipated by the end of the day.

The former president, who held office from 2007 to 2012, asserts his innocence and challenges both his sentencing and the decision to keep him incarcerated while the appeal is pending. The court found Sarkozy guilty on September 25, and the sentence was enforced immediately after his admission to La Santé prison in Paris on October 21. Following his incarceration, Sarkozy's legal team promptly filed an appeal for early release.

The court's ruling will consider article 144 of France’s criminal code, which posits that release should generally apply pending appeal, with detention being an exception only for individuals deemed dangerous, at risk of flight, or if it serves to protect evidence or witness testimonies.

During the court hearing, Sarkozy is expected to offer guarantees that he will comply with judicial requirements if released conditionally. If granted release, he would be monitored under judicial supervision and could depart La Santé prison within hours.

Sarkozy’s conviction stems from actions taken as both a presidential candidate and interior minister, where he allegedly engaged in a high-level corruption scheme from 2005 to 2007. The prosecution claimed that he aimed to finance his presidential campaign through funds sourced from Libya, led at the time by Moammar Gadhafi.

A panel of three judges detailed that Sarkozy’s closest associates, Claude Guéant and Brice Hortefeux, held clandestine meetings in 2005 with Abdullah al-Senoussi, Gadhafi’s brother-in-law and intelligence chief, despite his past conviction for terrorism-related offenses that affected French and European citizens. The judges indicated that a complex financial scheme was orchestrated, but they found no evidence connecting the Libyan funds directly to Sarkozy’s 2007 campaign financing.

In his defense, Sarkozy claims he is a victim of a "plot" orchestrated by associates of the Libyan government and has suggested that the campaign financing allegations stemmed from retaliation against his calls for Gadhafi’s ousting as leader. Sarkozy was notably an early advocate for military action in Libya during the 2011 Arab Spring protests, which ultimately led to Gadhafi's fall from power.

Additionally, Sarkozy highlights that the court exonerated him from three other charges, including passive corruption and illegal campaign financing, underscoring the judgment's inability to establish a clear connection between the alleged Libyan funds and his campaign.

Moreover, Sarkozy faces additional legal challenges beyond the current hearing. France’s highest court, the Court of Cassation, is anticipated to announce a ruling on November 26 regarding a separate conviction related to illegal campaign financing tied to his unsuccessful 2012 reelection attempt. Sarkozy was sentenced last year to a year in prison, with six months suspended, for exceeding the legal campaign expenditure cap.

Sarkozy is also implicated in another judicial investigation concerning the Libya financing case. In 2023, French judges filed preliminary charges against him for allegedly attempting to intimidate a witness to clear his name. His wife, Carla Bruni-Sarkozy, has also faced preliminary charges for her purported involvement in the case. The witness, Ziad Takieddine, initially made statements accusing Sarkozy of receiving illegal payments but later recanted his testimony.

In 2021 and again in 2023, Sarkozy was convicted of corruption and influence peddling for attempting to bribe a magistrate to obtain information regarding a legal case involving him. The Court of Cassation eventually upheld the verdict, leading to a sentence requiring him to wear an electronic monitoring bracelet.