6
PREZHDAROVI v. BULGARIA JUDGMENT
premises contained objects or documents which might be relevant to the
criminal investigation, the investigative authorities could carry out a
search-and-seizure operation there. Under Article 135 § 1 of the 1974 Code,
during the preliminary investigation a search-and-seizure operation could
only be carried out pursuant to a warrant issued by a judge of the competent
first-instance court. The warrant was to be issued in ex parte proceedings,
without notification of or participation by the individuals concerned. An
exception to the warrant requirement was only possible in pressing
circumstances, in which case a record of the search had to be produced for
approval before a judge within twenty-four hours (Article 135 § 2 of
the 1974 Code). If search and seizure concerned computer systems and
programs, it had to be carried out in the presence of a person with technical
expertise (Article 136 § 5 of the 1974 Code). The authorities could not
undertake measures that went beyond the aim of the search-and-seizure
operation (Article 137 § 4 of the 1974 Code). The seizure of computer
information was its recording on paper or by other means (Article 137 § 7 of
the 1974 Code). Similar provisions are contained in the Code of Criminal
Procedure 2005 (Articles 159-163).
28. Article 191 § 1 of the 1974 Code provided that in certain cases
envisaged by the law, the police could conduct an immediate
search-and-seizure operation if that would be the only possibility of
collecting and securing evidence. In this case, the relevant prosecutor was
required to be informed within twenty-four hours. Criminal proceedings
were considered as instituted following the drawing up of the search record
(Article 191 § 2 of the 1974 Code). Similar provisions are contained in the
Judiciary Act 2007 (section 145) and the Code of Criminal Procedure 2005
(Article 212 § 2).
B. Retention of physical evidence during criminal proceedings
29. Pursuant to the relevant provisions as in force at the material time,
physical evidence was kept by the authorities for the duration of the
criminal proceedings (Article 108 § 1 of the 1974 Code). Chattels collected
as physical evidence could be returned to their owners before the
termination of criminal proceedings on condition that their return would not
hinder the establishment of the facts in the case. A request for their return
was to be submitted to the prosecutor. In the event that the prosecutor
refused to return them, the owner had a right to appeal before the court,
which then examined the issue in camera (Article 108 § 2 and § 4 of
the 1974 Code). The 2005 Code of Criminal Procedure contains almost
identical provisions (Article 111 §§ 1-4).
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