PREZHDAROVI v. BULGARIA JUDGMENT
7
C. The State and Municipalities Responsibility for Damage Act 1988
(“the 1988 Act”)
30. Section 1(1) of the 1988 Act, as in force at the material time,
provided that the State was liable for damage suffered by private individuals
as a result of unlawful decisions, actions or omissions by civil servants,
committed in the course of or in connection with the performance of
administrative action. According to the Supreme Court of Cassation’s
case-law, the actions of the investigative and the prosecuting authorities in
the context of a criminal investigation do not amount to administrative
action and those authorities are therefore not liable under section 1 of
the Act (тълк. реш. № 3 от 22.04.2005 г. по тълк. д. № 3/2004 г., ОСГК
на ВКС). According to the Supreme Administrative Court’s case-law, a
search-and-seizure record is not an administrative act and cannot be grounds
for seeking damages under the 1988 Act (опр. № 1270 от 1.02.2010 г. по
адм. д. № 63/2010 г., ВАС).
31. Under section 2 of the 1988 Act, as in force at the relevant time, the
criminal investigation and prosecuting authorities and the courts were liable
in the following circumstances: unlawful pre-trial detention; charging or
conviction followed by discontinuance of the criminal proceedings or
acquittal; compulsory admission to hospital or other coercive measures
ordered by a court which were later set aside as unlawful; and execution of a
sentence exceeding the initial length or amount. This exhaustively
enumerated list did not include unlawful search and seizure by the judicial
authorities.
D. Illegal reproduction and distribution of computer programs
32. Article 172a § 2 of the Criminal Code 1968, as in force at the
material time, provided for a punishment of up to three years’ imprisonment
and a fine from BGN 1,000 to BGN 3,000 for an individual who had
reproduced or distributed a video record or a computer program without the
legal consent of the copyright owner.
THE LAW
I. ALLEGED VIOLATION OF ARTICLE 8 OF THE CONVENTION
33. The applicants complained, relying on Article 8, that the search in
their garage and the seizure of five computers had not been conducted in
accordance with the law. They complained, in particular, that private
documents contained in the seized computers, which were unrelated to the
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