Patrick and Isabelle Balkany were convicted of money laundering and tax fraud in 2019, in a case that goes back decades, during which they were the mayor and deputy of the exclusive Paris suburb of Levallois-Peret.
After breaching licence conditions Patrick Balkany, 73, was jailed earlier this year.
But on Tuesday he will be summoned back to court to answer charges of “using a document relating to images of a sexual nature and obtained by an invasion of the privacy of others”.
Isabelle Balkany remains in hospital and will not attend the court.
The charge relates to WhatsApp messages sent to mairie staff by Isabelle Balkany that contained sexual images of one of their political rivals, in an apparent attempt to smear him.
According to BFMTV, the couple say that they received the images anonymously through the mail, and were only attempting to warn others that the photos were circulating. It is unclear whether the images are genuine or Photoshopped.
Tuesday’s hearing is an administrative hearing only and no decision will be made. The charge of distributing sexual images without the subject’s consent carries a maximum sentence of two years in jail and a €6,000 fine.