ABSTRACT
Mr Yves Guérin was a deputy police sergeant. On 29 November 1990, he was charged with accepting a bribe and remanded in custody. In a judgment of 6 June 1991, the Nice Criminal Court acquitted him. The prosecution appealed and in a judgment of 14 October 1991 in the applicant’s absence, the Aix-en-Provence Court of Appeal set aside the judgment at first instance and sentenced the applicant to two years’ imprisonment. The applicant’s request for a retrial was granted. He was found guilty, sentenced to imprisonment and a warrant issued for his arrest. On 24 November 1992, the applicant was admitted to a psychiatric institution, where he stayed until 16 December 1992, when the police enforced the warrant for his arrest. On 26 November 1992, acting through a lawyer, the applicant lodged an appeal on points of law. In a judgment of 19 January 1994, the Court of Cassation declared the appeal inadmissible on points of law as the applicant had not complied with the warrant for his arrest. He complained that his right to a court had been infringed. Comm found by majority (29-1) V 6(1).
