ABSTRACT

Mr G, a driving test examiner, was charged on 14 December 1980 with accepting bribes by issuing driving licences in exchange for money. In the course of the investigation and following additional submissions from the prosecuting authority, the investigating judge charged him with ‘corruption in the form of soliciting sexual favours’ and indecent assault with violence or coercion on P, a driving test candidate. On 18 November 1982, the Rennes Criminal Court sentenced him to five years’ imprisonment, two of which were suspended, for accepting bribes as a citizen responsible for a public service and indecent assault with violence or coercion by a person in authority. In so doing, the court was applying a Law of 23 December 1980. His further appeals were dismissed. He complained that his conviction for an act which, at the time of its commission, did not constitute an offence under the law in force infringed A 7 of the Convention and further that he had not had a fair trial. Comm found unanimously NV 7.