Voluntary surrender of a car to the Ministry of Interior or with a protocol… Lawyer Rumen Apostolov to FACTI

More and more Bulgarians are becoming victims of fraudulent schemes when purchasing cars, which subsequently turn out to be wanted in the Schengen Information System. In such cases, the cars are seized, and bona fide buyers are left without protection and without a real mechanism for quick recovery of damages. Lawyer Rumen Apostolov spoke to FACTI on the topic.

- Lawyer Apostolov, you have an interesting case study - a family buys a car, and later it turns out that it is wanted in Schengen and seized. Do such cases often happen in Bulgaria?
- Unfortunately, this happens, and recently such cases have even become more frequent. The most unpleasant thing is that the state does not react in the best and most effective way possible to protect citizens from falling into such criminal schemes.

- How does such a situation come about?
- Simply put - the car was imported into the country without being declared wanted in the Schengen system. It can stay in Bulgaria for a long time, for example, in a car dealership, and even be registered with the traffic police. In this particular case, the registration was carried out at the Pazardzhik traffic police, a ticket was issued and the owner is a completely bona fide buyer. The problem arises later - after a month or even a year, during a routine check by the police, when it is established that the car is declared wanted and must be confiscated.

- On what legal basis is the car seized?
- This is done on the basis of Article 84 of the Ministry of Interior Act. The legislator has given the police authorities the authority to seize items that are declared wanted, regardless of whose possession they are in. I emphasize – it is not important who the owner is, but who currently holds the item.

- What is the procedure for seizure?
- Police officers draw up a protocol for the seizure of the item. It is signed by the person in whom it was found, as well as by a witness, and a copy is provided to the person. This is the standard procedure.

- But the Ministry of Internal Affairs officers often invite people to voluntarily hand over the item. What is the difference between voluntary surrender and seizure?
- Police authorities are first obliged to invite the person to voluntarily hand over the item. If he refuses, they proceed to forced seizure. However, the difference is not only formal – it is also procedural.

- What does this mean in legal terms?
- According to the Code of Criminal Procedure, there is a significant difference. Voluntary surrender is not a method of collecting and verifying evidence. This means that the surrendered items do not automatically become physical evidence.

- What about seizure?
- In seizure, there is a clearly regulated procedure through which items can be included as evidence in the case. While in voluntary surrender, the protocol itself is written evidence that certifies the action taken, but not the quality of the item as evidence.

- What should citizens know in such situations?
- The most important thing is to be careful when buying a car and check its origin. If they find themselves in such a situation, they should know their rights and seek legal assistance, because the difference between voluntary surrender and seizure can have serious legal consequences.

- How can a person claim a faster return of the seized item?
- Within 14 days, the person concerned can file an appeal with the competent Administrative Court. This is a type of coercive administrative measure and the court is obliged to rule on its legality. The appeal is filed in accordance with the Administrative Procedure Code, in connection with Article 84 of the Ministry of Internal Affairs Act.

- Does this apply if there is a seizure protocol?
- Yes, the seizure protocol is subject to appeal in this manner.

- Can voluntary surrender be appealed?
- In principle, there is no obstacle to appealing, but there is contradictory case law. Some courts leave such appeals without consideration. I have also encountered opposite decisions - higher instances cancel these rulings and return the case for consideration.

- What advice would you give people - voluntary surrender or seizure?
- Absolutely - seizure protocol. Absolutely.

- Why?
- Because voluntary surrender is an expression of free will and can put the person in a less favorable position. Especially when the person is already in a situation of pressure - for example, detained for several hours - this compromises the real freedom of decision.

- How are things with a bona fide buyer?
- We are talking about a person who has become a victim of fraud - through false documents, leasing schemes, insurance fraud, etc. The investigation is already within the competence of the country that filed the report, but proving it is difficult.

- What happens to the item after the seizure?
- Once the relevant country is notified, a 60-day period begins. If within this period the owner - for example, if the report is from Italy, does not call through Interpol or the relevant institutions, the item can be returned to the bona fide buyer. If within the 60-day period a report is received from Italy, for example, the item must be returned to Italy.

- And if he calls but does not come to pick it up?
- This is where the problem arises. If he says he will come to collect it, but doesn't, after six months the item passes to THE STATE. It is confiscated in favor of the state, because that's what our laws are. In my opinion, this is a legal absurdity and a legislative omission. The system simply does not protect bona fide buyers enough.

- How long does such a case last?
- Notification is made within days, after which the 60-day period for reaction begins. After that, the remaining periods also run. There are cases in which the owners - I mean the Italians, for example - give up because, for example, they have already received insurance compensation. Then the car is returned faster. More serious measures and better interaction between international institutions are simply needed to stop these criminal schemes.