The Sofia Court of Appeals has sentenced the Prosecutor's Office of the Republic of Bulgaria to pay over 76,000 euros to a private company for a car returned in a completely destroyed condition. The car was seized as material evidence in 2012 and returned five years later without tires, doors, headlights and engine equipment, reports the legal portal Defakto.bg.
The luxury car “Audi A8“ was purchased brand new in June 2012 by the company “PLAZA AUTO 2012“ EOOD for the amount of over 102,000 euros. Just three months later, the vehicle was seized as material evidence in pre-trial proceedings, initially conducted in Dobrich, and subsequently transferred to the Sofia City Prosecutor's Office.
When in the spring of 2017 a prosecutor ordered the return of the car, the owner refused to accept it. The reason was that he found the vehicle in the parking lot of the Zonal Gendarmerie Department in Sofia completely ransacked.
“The car was found in the eastern part of the parking lot without tires and rims, propped up on metal logs on the asphalt... The car was found without a front and rear hood, without the two front headlights“, writes the official report of an investigating police officer from the Eighth District Department in the capital. The document also describes cut sheets, torn handles, a missing battery, ripped out multimedia and parking sensors, as well as cut cables. The interior was sprayed with fire extinguisher.
The owner of a roadside assistance company engaged to transport the remains testified before the court about the shocking condition of the car. Specialized loading equipment had to be used, as the car was completely immobilized. At the official service of the brand in Varna, the mechanics found that all the electronics, including the car's computer, were missing.
The pro forma invoice issued for bringing the car into working order amounted to just over 45,500 euros. The owner filed a claim with the Sofia City Court against the prosecutor's office, the Ministry of Interior and the Directorate for the Prevention of Traffic Accidents for compensation.
At first instance, the court recognized the damage and awarded compensation of 40,086 euros. The prosecutor's office protested the decision before the Sofia Court of Appeal, claiming that the seizure actions were legal and that the institution that managed the parking lot - in this case, the GDBOP - should be held responsible.
However, the appellate judges categorically rejected these arguments. They ruled that the Criminal Procedure Code imposes an obligation to preserve and safeguard the seized items. According to the magistrates, the prosecutor's office did not exercise the supervision assigned to it by law over the investigation and preservation of evidence.
As a result, the Sofia Court of Appeal upheld the decision, ordering the prosecutor's office to pay the principal amount of 40,086 euros. Legal interest is being charged on it from September 2017 until the final payment, which currently amounts to over 40,000 euros and will soon exceed the amount of the principal itself. The state prosecution must also cover the court costs for the appeal instance in the amount of 3,528 euros.
The decision is subject to appeal before the Supreme Court of Cassation.