The French Supreme Court has ruled that a public official may be prosecuted for continuing to perform their duties after being officially notified of their dismissal. The Criminal Chamber of the Court of Cassation issued a ruling on 6 May 2026, clarifying when the crime of “irregular pursuit of functions” applies and applying a more lenient retroactive law to a separate charge of “illegal conflict of interest.” The decision centers on a former mayor of Réunion who continued to participate in municipal management after his resignation, even while his appeal against a previous ineligibility sentence was being decided.

The Case and the Chronology

The case involved an elected official who had been condemned to five years of ineligibility in January 2013, though the sentence was not yet executed. He appealed the ruling, and his appeal was rejected by the Supreme Court on 12 June 2014. On the same day, he resigned, but he continued to be involved in local affairs. The new mayor then hired the former mayor’s wife as the director of the communal social action center in April 2016. Prosecutors charged the former mayor with two offenses: continuing to perform his functions irregularly and acting as an accomplice in the illegal conflict of interest regarding his wife’s hiring.

The Court of Cassation confirmed the conviction for the first charge but overturned the second on the basis of a new law. The court established that the crime of continuing to serve is consummated not when an elected official is informed of the rejection of their appeal, but when a prefect formally declares the official’s resignation or accepts the resignation. Until that prefectural act occurs, the official may legally continue to serve, even if they have been formally notified of the end of their term. The court noted that a final criminal conviction does not automatically strip an official of their mandate; the mandate must be formally terminated by the prefect.

For an official to be prosecuted for continuing to serve, they must exercise a real decision-making power within the community. The court ruled that this power extends beyond mere political consultation and includes active management, control, and direction of municipal services. This distinction is important, as the crime of “irregular pursuit of functions” is distinct from the lesser crime of “interference in public service functions,” which requires explicitly usurping a title or performing acts reserved for an official.

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The Scope of the Illegal Conflict of Interest

The legal battle shifted focus to the hiring of the former mayor’s wife. The law passed on 22 December 2025 altered the definition of illegal conflict of interest. The previous text was considered too broad. The new law narrows the focus to private interests. Public interests or interests excluded by law are no longer punishable under this charge. Furthermore, the new legislation introduces a defense of compulsion. An official cannot be convicted if they could not act otherwise to satisfy a compelling general interest.

Final Ruling and Sentencing

The Supreme Court confirmed the conviction for irregular pursuit of functions. The court ruled that the former mayor exercised decision-making power beyond mere political consultation. These actions constituted active management. They went beyond interference in public service functions, which requires usurping a title.

The Legal Charges

The former mayor faced charges before the correctional tribunal. The initial trial acquitted him of the second charge. The appeals court convicted him on both counts. The Supreme Court ruled on the legality of his actions.