Prison sentence, fine... What does François Bayrou risk if he lies before the commission of inquiry into Bétharram?

It's always easier to tell the truth. Especially before a parliamentary commission of inquiry . Not least because lying before such a body constitutes a criminal offense. François Bayrou, like anyone speaking under oath before MPs, is liable to five years in prison and a €75,000 fine for perjury.

The Prime Minister's testimony, heard this Wednesday, May 14, as part of the commission of inquiry into the Bétharram affair, will therefore be scrutinized word for word. First, because a head of government morally owes the truth to the national representation, which oversees his actions. And above all, because one more lie before "investigating parliamentarians" gathered in committee would simply constitute a violation of the law.

The mayor of Pau will therefore have to be precise and transparent. And for good reason, according to the case law of the Court of Cassation, "the constitution of the offense of false testimony presupposes the assertion of an inaccurate fact, the denial of a true fact or a voluntary omission." This rule is not specific to the ^Fifth Republic and was instituted in 1914.

However, only one person has been convicted of perjury. In 2018, pulmonologist Michel Aubier, head of department at Bichat Hospital in Paris, testified to a commission of inquiry into air pollution that he had "no vested interest in economic activity." The problem: Michel Aubier was also a medical advisor to the company Total, earning €50,000 per year. This lie, which was brought to justice, led to his conviction.

This example, while deterring lying, does not prevent all perjury. Particularly because parliamentarians sometimes refrain from referring cases to the public prosecutor's office. In 2012, Frédéric Oudéa, then chairman of Société Générale, told senators investigating tax evasion that his bank no longer had anything to do with tax havens. A lie brought to light by the Panama Papers scandal.

The committee's rapporteur, the communist Éric Bocquet , then worked to transmit the evidence to the courts, which the Senate office refused to do. In 2023, however, the Senate reported Karim Tadjeddine's comments. The associate director of McKinsey France had stated, under oath, before the committee of inquiry into consulting firms that the company paid corporate tax in France, even though it had not paid anything to the tax authorities in ten years. Ultimately, the offense was deemed insufficiently characterized.

Other cases are ongoing. These include those against members of the government. In January 2025, a judicial investigation was opened against Aurore Bergé , who, as Minister of Families, had denied any personal connection with Elsa Henry, general delegate of the French Federation of Daycare Companies, during her hearing on the business model of these establishments.

Furthermore, the courts ruled on Tuesday that former Élysée Secretary General Alexis Kohler had not committed an offense by refusing to appear before the commission of inquiry into budgetary overruns, even though such refusal can be punishable by law. This Wednesday, billionaire Bernard Arnault could also ignore the Senate's summons regarding state aid to businesses. Another summons would then be sent to him, before it could be referred to the courts.