PREZHDAROVI v. BULGARIA JUDGMENT
5
investigation. It found irrelevant the assertion that the computers contained
personal information.
24. In June 2005 the first applicant again sought the return of the
computers. His request was rejected by the prosecutor and the court on
24 June and 15 July 2005 respectively on the grounds that the computers
were necessary for the investigation. The applicant’s assertions that the
computers contained personal information and were necessary for his wife’s
business were not discussed. In October 2005 the applicant submitted the
same request to the prosecutor, who again rejected it. The applicant
submitted that the prosecutor had never forwarded his ensuing appeal
against the rejection to the court.
D. The criminal proceedings against the first applicant
25. On 8 November 2005 the first applicant was charged, inter alia, with
the unlawful distribution of computer programs, computer games and films.
In a final judgment of 22 December 2008 the Supreme Court of Cassation
upheld the first applicant’s conviction. It held that the first applicant had
lawfully acquired title to the computer games but that he had been
distributing them illegally by renting the games to his clients. It also held
that the first applicant had been illegally reproducing computer programs
and films. The court found that the first applicant’s conduct had led to
significant damage. He was sentenced to one year and six months’
imprisonment suspended for three years, and ordered to pay a fine in the
amount of BGN 4,000. The computers were confiscated.
II. RELEVANT DOMESTIC LAW AND PRACTICE
A. Search and seizure
26. At the relevant time, if there was some information that a crime had
been committed but insufficient evidence to initiate a preliminary
investigation, a prosecutor could conduct an inquiry and order the police to
undertake certain measures, such as to request documents or objects from
individuals or State entities (section 119(1)(3) of the Judiciary Act 1994).
The inquiry was not part of the criminal proceedings and its aim was to find
sufficient information that a crime had been committed (sections 26-31 of
Instruction No. 1 of 22 March 2004 about the work of and cooperation
between the investigative authorities).
27. As for search and seizure within the framework of a preliminary
investigation (as part of criminal proceedings), at the relevant time
Article 134 § 1 of the Code of Criminal Procedure 1974 (“the 1974 Code”)
provided that if there were sufficient grounds to believe that certain
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